Psychic crackdown on the cards

The evocative question 'Is there anybody there?' conjures up images of mediums summoning spirits in a darkened room. But now psychics must add a few riders before they invoke the voices of the dead, thanks to new consumer laws due to come into force. Breathless audiences are now likely to be asked: 'Is there anybody here... who is vulnerable, of nervous disposition, or likely to sue?'

Indeed, a whole list of disclaimers must be added to the spiritualists' spiel if they are to avoid an avalanche of writs following the repeal next month of the Fraudulent Mediums Act, to be replaced by the new Consumer Protection Regulations. Promises to raise the dead, secure good fortune or heal through the laying on of hands are all at risk of legal action from disgruntled customers. Spiritualists say they will be forced to issue disclaimers, such as 'this is a scientific experiment, the results of which cannot be guaranteed'. They claim the new regulations will leave them open to malicious civil action by sceptics.

For the past half-century, 'genuine' mediums have been protected by the 1951 Fraudulent Mediums Act, under which prosecutors had to prove fraud and dishonest intent to secure a criminal conviction, which was difficult. There have been fewer than 10 convictions in the past 20 years. With that protection gone, there will now be nothing between the medium and the trading standards officer - and no need to prove fraud. Instead it will be up to the trader, in this case the medium, to prove they did not mislead, coerce or take advantage of any 'vulnerable' consumers.



The Fraudulent Mediums Act replaced the 1735 Witchcraft Act. The government is set to repeal it and many other laws alongside the introduction of the Consumer Protection Regulations. If they are approved by Parliament, as is likely - there are debates in the Lords on 23 April and in the Commons on 6 May - the regulations will come into force on 26 May. They will ban 31 types of unfair sales practice outright, including bogus closing-down sales, prize-draw scams and aggressive doorstep selling, and will for the first time establish a catch-all duty not to trade unfairly, closing loopholes that rogue traders have been able to exploit. But spiritualists say the measures fail to take account of their religion.

Emma-Louise Rhodes, a researcher for BadPsychics, which seeks to expose malpractice, said: 'Hopefully, the new regulations will bring to justice those who have cruelly sought to exploit the bereaved for personal financial gain.'

A legal specialist said: 'Now there is no difference between a psychic and a double-glazing salesman in law.'