Why the Fraud Act?
Updated legislation provides more relevant offences, such as the inclusion of IT and individuals deceiving machines
A requirement to shift from assessing whether the victim was deceived, now we target fraudulent behaviour not the consequences of that behaviour
Fraud offences contained in the Act
- Fraud by false representation (s.2)
- Fraud by failing to disclose information (s.3)
- Fraud by abuse of position (s.4)
- Possessing articles for use in frauds (s.6)
- Making or supplying articles for use in frauds (s.7)
- Participating in fraudulent business carried on by a sole trader (s.9)
- Obtaining services dishonestly (s.11)
- Liability of company officers for offences by company (s.12)
Points to Prove
- Identity of the offender
- What did they do and how? (Actus Reus)
- A False Representation – it can be made in writing, it can be made orally, or it can be a misrepresentation e.g. claiming to be someone you are not.
- Express or implied – it can also be an act of omission
- Untrue or Misleading – they must know what they are representing is untrue
- What was in the offenders mind? (Mens Rea)
- Dishonest – in brief ‘is the act dishonest by the standards of ordinary decent people’ R v Barton 2020
- Intending to cause a Gain or Loss to – there must be an intent to cause a gain OR loss to money or other property
Penalties
(s.2; s.3; s.4; s.7 and s.9)
The maximum penalty on summary conviction – 12 months imprisonment, a fine (or both)
The maximum penalty on indictment – 10 years imprisonment, a fine (or both)
(s.6 and s.11)
The maximum penalty on summary conviction – 12 months imprisonment, a fine (or both)
The maximum penalty on indictment – 5 years imprisonment, a fine (or both)
Click the link to download a pdf of the factsheet
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