The offence
Section 2 of the Fraud Act 2006 makes it an offence to dishonestly make a false representation intending to make a gain or cause a loss. The representation can be express or implied and as to fact or law. The offence is triable either-way and carries up to 10 years’ imprisonment on indictment.
Defences
- No dishonesty — assessed objectively by the standards of reasonable honest people
- No false representation, or no intent to make a gain or cause a loss
- A belief that the representation was true
- Disputed authorship or interpretation of documents and messages
Sentencing
Fraud carries up to 10 years on indictment. The guidelines assess the value, sophistication, role and impact, and confiscation proceedings often follow conviction.
Frequently asked questions
Up to 10 years’ imprisonment on indictment; the offence is triable either-way.
Dishonesty is judged objectively by the standards of reasonable honest people, and the defendant must know or be reckless that the representation was untrue.
Often. The prosecution may seek a confiscation order to recover the benefit of the offending, and we advise on resisting and limiting such orders.