header-logo header-logo

23 March 2007 / Nicholas Yeo
Issue: 7265 / Categories: Features , Fraud , Company , Constitutional law
printer mail-detail

Bull's-eye (2)

In his final article on the Fraud Act 2006, Nicholas Yeo discusses the common law conspiracy to defraud

Few would disagree with the Attorney General’s contention that, before the introduction of the Fraud Act 2006 (FrA 2006), deception offences were “too precise, overlapping and outmoded to give effective coverage over the breadth of frauds committed today” (speech to Annual Financial Crime Conference, 15 November 2005).

Before FrA 2006 came into force, on 15 January 2007, if a woman walked into a bank with a crude letter stating “please give this person £100” and her efforts failed, then the offence she would have committed would depend upon the form in which she was seeking to obtain the money:

  • if cash, the offence would be attempted obtaining property by deception (Theft Act 1968 (TA 1968), s 5);
  • if transfer to another account, then the offence would be attempted obtaining a money transfer by deception (TA 1968, s 15A); or
  • if she were accompanied by a collaborator, she would have committed a conspiracy to defraud at common law, but
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll