The Fraud Act 2006 (‘the Act’) recognized the fact that there were too many offences designed to tackle fraud and which confused Prosecutors as to which offence they should proceed with.

It was decided that a number of offences could be amalgamated into one single offence of fraud. For example, eight deception offences contained within the Theft Acts of 1968 and 1978 were replaced.

Whilst other fraud offences remain, such as common law fraud and cheating the revenue, the Act simplifies the implementation of prosecutions for fraudulent activity.

John Veale of Kangs Solicitors comments on section 1 of the Act.

The Act | Kangs White Collar Crime Defence Solicitors

Section 1 provides for the new offence of fraud to be committed in three ways:

Section 2 Fraud by false representation:

A person is in breach of this section if they:

  • dishonestly make a false representation and intends, by making that representation,
  • to make a gain for themselves or another or
  • cause a loss to another or expose another to risk of loss.

Section 3 Fraud by failing to disclose information:

A person is in breach of this section if they:

  • dishonestly fail disclose to another person information which they are under a legal duty to disclose and
  • they intend, by failing to disclose the information
  • to make a gain for themselves or another, or
  • to cause loss to another or expose another to a risk of loss.

Section 4 Fraud by abuse of position:

 A person is in breach of this position if they:

  • occupy a position in which they are expected to safeguard, or not to act against the financial interests of another person.
  • dishonestly abuse that position and intend to
  • make a gain for themselves or another or
  • cause loss to another or expose another to a risk of loss.

Penalties For Conviction | Kangs SFO Defence Solicitors

Offences under the Act may be tried:  

  • in the Magistrates’ Court where conviction could result in a maximum six months  imprisonment and/or a fine not exceeding the statutory maximum.
  • in the Crown Court where a maximum term of ten years imprisonment and/or a fine may be imposed.

How Can We Help? | Kangs Fraud & Tax Criminal Defence Solicitors

Kangs Solicitors has a national reputation for defending clients facing criminal prosecutions of all types including the most complex fraud offences.

Our team is led by Hamraj Kang who is recognised as a leading expert in the field. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for four  consecutive years in the legal directory Chambers & Partners.

Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.

If you are in need of our expert help and advice please do not hesitate to contact our team through:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 639607989 521 210

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 |  0121 449 9888