Lawyers have backed the Govern-ment's decision to go ahead with a radical shake-up of the law of fraud – but have criticised plans to leave some of the old fraud laws on the statute books.

Home Office minister Baroness Scotland QC announced last week (19 October) that the Government had decided to back a new fraud Bill, which is expected to be included in the Queen's Speech next month – much earlier than had previously been expected.

Under the proposals, fraud can be committed by false representation, wrongfully failing to disclose information and by abuse of position – all dishonesty-related tests.

At the moment there is no general law of fraud, although many prosecutions are based on the conspiracy to defraud charge, which many practitioners find an over-used catch-all offence.

"The law is ready for overhaul and any simplification will be welcomed," said crime specialist Michael Caplan QC of Kingsley Napley.

"Conspiracy to defraud has always been of concern to practitioners – the trouble is that it is too wide, so I can understand the concern of not sweeping that away. The important factor is that it can be presented to the court, and more importantly juries, in an understandable and manageable way," he added.

A number of fraud experts told Legal Week that the decision to keep the old conspiracy offence was a way for prosecutors to "hedge their bets". Lawyers, however, have been impressed by the speed of the timetable for reform.

"We have been taken by surprise by the speed with which the Government has acted," said DLA fraud partner James Haddleton. "It is an issue that they are taking seriously."