Fraud Act 2006

Last updated

Fraud Act 2006 [1]
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly.
Citation 2006 c 35
Territorial extent England and Wales; Northern Ireland
Dates
Royal assent 8 November 2006
Commencement 15 January 2007
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007. [2]

Contents

Purpose

The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court.[ citation needed ] Much of the Theft Act 1978 has been repealed, but the offence of making off without payment, defined under section 3 has not been affected.

In all three classes of fraud, it requires that for an offence to have occurred, the person must have acted dishonestly, and that they had to have acted with the intent of making a gain for themselves or anyone else, or inflicting a loss (or a risk of loss) on another.

Gain and loss

A "gain" or a "loss" is defined to consist only of a gain or a loss in money or property (including intangible property), but could be temporary or permanent. A "gain" could be construed as gaining by keeping their existing possessions, not just by obtaining new ones, and loss included losses of expected acquisitions, as well as losses of already-held property.

The Act will establish two "supporting" offences, these being the possession of articles for use in frauds (Section 6) and the making or supplying of articles for use in frauds (Section 7).

Obtaining services dishonestly

Section 11 of the Act makes it a statutory offence to obtain services dishonestly; meaning that services which were to be paid for were obtained with the knowledge or intention that no payment would be made. A person found guilty of this will be liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to five years on conviction on indictment.

Companies and fraudulent business

In regard to the fraudulent behaviour of companies, the existing offence of participating in fraudulent business carried on by a company, provided for by the Companies Act 1985, was amended by Section 10 - bringing the maximum penalty from 10 years imprisonment to 15 years [and/or a fine] - and a new offence of participating in fraudulent business carried on by a sole trader was established by Section 9.

Section 12 of the Act provides that where an offence against the Act was committed by a body corporate, but was carried out with the "consent or connivance" of any director, manager, secretary or officer of the body - or any person purporting to be such - then that person, as well as the body itself, is liable.

An important difference between this and the Theft Act is that the Fraud Act offences do not require there to have been a victim, as was the case with the Theft Act.

Some Trading Standards services have already used the Act against bogus charity collectors and it can be used for some matters that were previously dealt with under repealed sections of the Trade Descriptions Act 1968 (e.g. car-clocking).

See also

Related Research Articles

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without consent

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.

<span class="mw-page-title-main">Fraud</span> Intentional deception made for personal gain or to damage another individual

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.

<span class="mw-page-title-main">Forgery</span> Process of making, adapting, or imitating objects to deceive

Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific intent to defraud. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.

In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.

<span class="mw-page-title-main">Theft Act 1968</span> United Kingdom legislation

The Theft Act 1968 is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.

Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation, the most common schemes include premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in the schemes can be insurance company employees or claimants. False insurance claims are insurance claims filed with the fraudulent intention towards an insurance provider.

Dishonesty is acting without honesty. The term describes cheating, deficient probity, lying, deliberate withholding of information, being deliberately deceptive, or showing knavishness, perfidiousness, corruption, treachery, or deficient integrity.

<span class="mw-page-title-main">Theft Act 1978</span> United Kingdom legislation

The Theft Act 1978 is an act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006.

In India, Section 420 of the Indian Penal Code dealt with Cheating and dishonestly inducing delivery of property. The maximum punishment was seven years imprisonment and a fine.

False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.

<span class="mw-page-title-main">Possession of stolen goods</span> Category of crime

Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods.

Mortgage fraud refers to an intentional misstatement, misrepresentation, or omission of information relied upon by an underwriter or lender to fund, purchase, or insure a loan secured by real property.

<span class="mw-page-title-main">Crime and Disorder Act 1998</span> United Kingdom legislation

The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is doli incapax and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.

Making off without payment is a statutory offence in England and Wales, Northern Ireland, Republic of Ireland and Hong Kong. It was first introduced on the recommendation of the Criminal Law Revision Committee and is intended to protect legitimate business concerns and applies where goods are supplied or a service is performed on the basis that payment will be made there and then. A taxi passenger who runs off without paying the fare at the end of the journey; and a motorist who fills up with petrol at a garage and drives off when the attendant is distracted. For these purposes, it must be proved that the defendant knew that payment on the spot was required or expected, and made off dishonestly with intent to avoid payment of the amount due.

Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still subsists in certain other common law jurisdictions which have copied the English criminal model.

<span class="mw-page-title-main">Prevention of Corruption Act, 1988</span> 1988 act of the Parliament of India

The Prevention of Corruption Act, 1988 is an Act of the Parliament of India enacted to combat corruption in government agencies and public sector businesses in India.

Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland.

Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of bypassing an electricity meter, reconnecting a disconnected meter, or unlawfully obtaining a free telephone call. In Low v Blease [1975] Crim LR 513 it was held that electricity could not be stolen as it is not property within the meaning of section 4 of the Theft Act 1968. In one reported case in 2015 a man was arrested for abstracting electricity by charging his mobile telephone on a train, but was ultimately not charged. Before the Computer Misuse Act 1990 those who misused computers ("hackers") were charged with abstracting electricity, as no other law applied.

Evasion of liability by deception was formerly a statutory offence in England and Wales and Northern Ireland.

Obtaining services by deception is a statutory offence in the Republic of Ireland. It has been abolished in England and Wales and Northern Ireland.

References

  1. The citation of this Act by this short title is authorised by section 16 of this Act.
  2. "The Fraud Act 2006 (Commencement) Order 2006", legislation.gov.uk , The National Archives, SI 2006/3200