fraud

S1 fraud act 2006

• 3 types of fraud: false representation, failure to disclose information and abuse of position

• Requires dishonest behaviour and intention to make a gain or cause a loss to another

• In many cases fraud will also be theft but theft carries a lower sentence and fraud doesnt require an intent to permanently deprive

• Usually seen in a magistrates but can go to crown court if serious - up to 10 years

• Even if the fraud is not fulfilled, having the dishonesty and intent will still make it fraud

Fraud by false representation - S2

• dishonestly makes a false representation and intends to gain or cause loss to another

• Must be a false representation that is wrong or misleading

• Person knows/ ought to know it might be wrong or misleading

Failure to disclose information - S3

• dishonestly fails to disclose to another person information which he is under a legal duty to disclose and intends to make a gain for himself/ another or cause loss to another

• Legal duty to disclose: law, statutory provisions, good faith transactions, trades, relationships involving trust, professionals and their clients, claiming benefits

Abuse of position - S4

• occupies a position which he is expected to safeguard/ not act against, the financial interest of another person and they dishonestly abuses that position and intends to make gain and cause loss

• Positions include: relationships between trustee and beneficiary/ director and company, professional and client, agent and principal, employee and employer, partners, family, voluntary work

Obtaining services dishonestly - S11

• obtains for himself/ another services dishonestly knowing that the services are made on the basis that payment has been made, is being made or will be made and avoids/ intends to avoid payment in full or part.

• Must have intention at the time the service is obtained

• Either way offence - 5 years

Possession of articles for use in fraud - S6

• different to going equipped

• Committed anywhere

• Intention to use will suffice

• Either way offence - 5 years

Make or supply articles - S7

• makes, adapts, supplies or offers to supply any article for use in connection with fraud

• Either way offence - 10 years

Action fraud

• provides advice, national crime reference number and victim support referral

• Report and records fraud called in by the public/ businesses