Fraud
Fraud Law Reform
The Fraud Act 2006 came into force on 15th January 2007. The Act repealed the deception offences contained in the Theft Acts 1968-1996. In their place the Act established a new general offence of fraud, and other fraud related offences.
The new general offence of fraud can be committed in three ways:
fraud by false representation
fraud by failing to disclose information
fraud by abuse of position
This offence carries a maximum penalty of 10 years imprisonment.
The Fraud Act also replaced the existing offence of obtaining services by deception with an offence of obtaining services dishonestly (to fill a legal loophole, since a machine cannot be 'deceived'). This offence has a maximum penalty of five years imprisonment. In addition the Act builds on the existing 'going equipped' offence in the Theft Act 1968 and, so far as it relates to fraud, replaces it with a new offence of possessing articles for use in fraud. To compliment this new offence the Act also establishes a new offence of making or supplying articles for use in fraud.
Further guidance on the Act can be found in a Home Office circular
All the deception offences under the Theft Acts 1968-1996 to be abolished.
The text of the Act and the Explanatory Notes can be found on the Parliament website
Details of the Law Commission Report on Fraud and the 2004 consultation can be seen on the Home Office website.
Last update: Thursday, May 22, 2008