The offence
Conspiracy to defraud is committed where two or more people agree to pursue a course of conduct that will necessarily amount to fraud, or to defraud another. It is a common law offence, preserved by statute, triable either-way, and carries up to 10 years’ imprisonment.
Defences
- No agreement, or mere presence and association with others
- No dishonesty or intent to defraud
- Withdrawal from any agreement before further steps were taken
- Challenges to the admissibility and interpretation of communications
Sentencing
Conspiracy to defraud carries up to 10 years’ imprisonment. The guidelines assess the defendant’s role, the value involved, and the sophistication of the operation.
Frequently asked questions
No — it is a common law offence, preserved by section 2 of the Criminal Law Act 1977. It carries up to 10 years’ imprisonment.
No. The offence is the agreement itself; the prosecution need not prove any fraud was actually committed.
Up to 10 years’ imprisonment on indictment; the offence is triable either-way.