Fraud

Question 1

Fraud Act 2006 Section 1

Answer 1

1 General fraud

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence)

Question 2

Fraud Act 2006 Section 2

Answer 2

2 Fraud by false representation

(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

Question 3

Fraud Act 2006 Section 3

Answer 3

3 Fraud by failing to disclose information

A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss

Question 4

Fraud Act 2006 Section 4

Answer 4

4 Fraud by abuse of position

(1) A person is in breach of this section if he—
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

Question 5

Fraud sentencing

Answer 5

Either way offence

Summary: fine / prison general limit
Indictment: Up to 10 years