After years of hearing commentators unfairly criticise juries for the failings of incompetent fraud prosecutions, it was great to see our US colleagues use a jury to good effect.

Getting a fraud conviction out of a jury should not be difficult ­ but there are some key points that prosecutors should consider.

If you only have the evidence of a tainted co-accused do not place the evidence in front of a jury! You need documentary or electronic evidence to win in fraud trials, for example video evidence of people removing documents, emails etc. If you have a substantive offence, such as false accounting, then charge it. If you do not have a substantive offence do not take a punt and charge conspiracy to defraud because you will lose.

In my experience juries get decisions right. Often we believe that somebody has committed a crime but, if there is not evidence beyond reasonable doubt, then that person should not be convicted.

There are not two standards of dishonesty i.e. there is not a higher standard for people who commit complex frauds. In the UK virtually every word in the Theft Act is defined in subsequent sections - what constitutes property, intent to permanently deprive, etc. The word ‘dishonesty’ is deliberately not defined but left to the ‘man on the London Omnibus’ based on the circumstances of the case. If the prosecution cannot simplify a fraud case to show an action was dishonest then that prosecution will fail.

My experience of viewing personnel files as part of investigating fraud cases over the last 20 years is that middle and senior management are still dodging out of jury service.

If this was tightened up (as in the US) it would be irritating for firms and individuals in the short term, but in the long run it would be good for the City. This added wealth of experience would enhance fraud juries and make more managers aware of fraud.

If you cannot establish your case beyond reasonable doubt then the correct forum is the civil courts where you only have to prove your case on the balance of probabilities. You shouldn’t take away an individual’s freedom unless you can prove your case beyond reasonable doubt.

If you have a strong case backed by first rate prosecution the jury system will give you the right verdict, as the Black trial has proved. Tinker with this system at your peril.

Simon Bevan is the national head of BDO Stoy Hayward’s fraud services unit