FA 2006
Fraud Act 2006
Replaced the old deception offences with a single offence of fraud committable in three ways: false representation, failing to disclose, and abuse of position.
Self-test
Sections
Section 2 — Fraud by false representation
Dishonestly making a false representation, intending to make a gain for self/another or cause loss/risk of loss to another.
- Either-way — max 10 years on indictment.
- Representation can be express or implied; about fact, law, or state of mind.
- Includes phishing emails, card fraud, false benefit claims, untrue eBay listings.
- No need for the victim to actually be deceived — completed when the false rep is made.
Section 3 — Fraud by failing to disclose information
Dishonestly failing to disclose information you are under a legal duty to disclose, intending to make a gain or cause loss.
- Either-way — max 10 years on indictment.
- Legal duty can arise from statute, contract, fiduciary relationship, etc.
Section 4 — Fraud by abuse of position
Occupying a position in which you are expected to safeguard another's financial interests, and dishonestly abusing that position to make a gain or cause loss.
- Either-way — max 10 years on indictment.
- Common in employment, trustee, carer, family contexts.
Section 6 — Possession of articles for use in fraud
Having in your possession or under your control any article for use in the course of, or in connection with, any fraud.
- Either-way — max 5 years on indictment.
- Articles include card-skimming devices, fake IDs, phishing kits, lists of stolen card numbers.
Section 11 — Obtaining services dishonestly
Obtaining services for which payment is required, without paying, by a dishonest act, intending not to pay.
- Either-way — max 5 years on indictment.
- Distinct from s.3 Theft Act 1978 'making off without payment' which is summary only.