R v Bashir? The Case for Charging Martin Bashir with Fraud

On 14 May 2021, Lord Dyson completed the report of his investigation into the interview with Princess Diana broadcast by the BBC in 1995. Dyson found that Martin Bashir used fake bank statements to deceive Earl Spencer. He found that Bashir relied on the statements to procure a meeting with Princess Diana. He found that Bashir lied to Diana in the meeting. And he found that Bashir deceived Spencer and Diana to persuade Diana to participate in the televised interview. Since the release of his report, there have been renewed calls for Bashir to be charged with fraud. This note makes use Lord Dyson's findings to outline a prima facie case that Bashir obtained a pecuniary advantage by deception contrary to s 16(1) of the Theft Act 1968 (UK). It also considers (briefly) whether Bashir's conduct would be more or less likely to constitute fraud today, as well as the liability of the BBC and others involved.