Fraud Act 2006 s1
(1) A person is guilty of fraud if they are in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).
The sections are -
(a) section 2 (fraud by false representation)
(b) section 3 (fraud by failing to disclose information)
(c) section 4 (fraud by abuse of position)
Points to Prove
False Representation
Date & location
Dishonestly made a false representation
Intending to make a gain for yourself/another OR intending to cause loss to another/expose another to risk of loss
Failing to Disclose Information
Date & location
Dishonestly failed to disclose to another
Information which you were under a legal duty to disclose
Intending, by that failure
To make a gain for yourself/another OR to cause loss to another/expose another to risk of loss
Fraud by Abuse of Position
Date & location
Occupying a position in which you were expected
To safeguard or not to act against the financial interests of another
Dishonestly abused that position
Intending to make a gain for yourself/another OR intending to cause loss to another/expose another to a risk of loss
Sentence:
Either Way
10 years (12 months for summary judgements)
Fraud Act 2006 s6(1)
A person is guilty of an offence if they have in their possession or under their control any article for use in the course of or in connection with any fraud.
Points to Prove:
Date & location
Had in their possession/under their control
An article
For use in the course of/in connection with a fraud
Sentence:
Either Way
5 years (12 months for summary judgements)
Fraud Act 2006 s7(1)
A person is guilty of
an offence if he makes, adapts, supplies or offers to supply any article –
(a) knowing that it is designed or adapted for use in the course of or in
connection with fraud, OR
(b) intending it to be used to commit, or assist in the commission of, fraud.
Points to Prove:
Date & location
Made/adapted/supplied/offered to supply
An article
Knowing that it was designed/adapted for use in the course of/in connection with fraud, OR intending it to be used to commit/assist in the commission of fraud
Sentence:
Either Way
10 years (12 months for summary judgements)
Fraud Act 2006 s11(1-2)
(1) A person is
guilty of an offence if they obtain services for themselves or another-
(a) by a dishonest act, AND
(b) in breach of subsection (2).
(2) A person obtains
services in breach of this subsection if-
(a) they are made available on the basis that payment has been, is being or will
be made for in respect of them,
(b) they obtain them without any payment having been made for or in respect of
them or without payment having been made in full, and
(c) when they obtain them, they know-
(i) that they are being made available on the basis described in
paragraph (a), OR
(ii) that they might be,
but intends that payment will not be made, or will not be made in full.
Points to Prove:
Date & location
Obtained services for themselves/another by a dishonest act
Services were made available on the basis that payment made for/in respect of them
They obtained them without any payment/in full
When they obtained them they knew that they were being/might be made available on the basis described above
But they intended that payment would not be made/made in full
Sentence:
Either Way
5 years