header-logo header-logo

Getting tough on fraud

29 November 2007 / Karen Harrison , Nicholas Ryder
Issue: 7299 / Categories: Features
printer mail-detail

Dr Karen Harrison and Dr Nicholas Ryder look at sentencing and the Fraud Act 2006

The law relating to fraud mainly comprises eight statutory deception offences in the Theft Acts (1968 to 1996) and the common law offence of conspiracy to defraud. The statutory offences are specific and overlapping, yet are not related to each other to cover the variety of fraudulent behaviour in an organised way. It is not always clear which offence should be charged, and defendants have successfully argued that the consequences of their particular deceptive behaviour did not fall within the definition of the offence with which they had been charged. See, for example, R v Preddy, R v Slade [1996] UKHL 13, [1996] 3 All ER 481.

In 1999, the Law Commission issued a consultation paper, Legislating the Criminal Code: Fraud and Deception, and published a final report in 2002 along with the Fraud Bill. The Fraud Act 2006 (FrA 2006) received Royal Assent on 8 November 2006. It overhauled and widened the array of criminal offences available

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

Charles Russell Speechlys—Gustina Singgih

Charles Russell Speechlys—Gustina Singgih

Corporate team in London welcomes new partner

Church Court Chambers—Maria Karaiskos KC

Church Court Chambers—Maria Karaiskos KC

Historic appointment of chambers' first female head

Wright Hassall—five promotions

Wright Hassall—five promotions

Firm announces five promotions, including new partner

NEWS
Proposed legislation to tighten the rules on pooled client accounts would place ‘substantial’ burdens on solicitors, the Law Society has warned
Increasing numbers of family mediators are cutting back on legal aid work or leaving the sector altogether due to low fees—creating a supply shortfall for low-income families
Lawyers acting in cases funded by damages-based agreements (DBAs) cannot claim their share of the damages if no damages are awarded, the High Court has clarified
Lawyers have given a cautious welcome to a Ministry of Justice decision to increase Crown Court sitting days
Barristers have been targeted with death threats, rape threats, threats to their family members, physical surveillance and threats from politicians, chair of the Bar Barbara Mills KC has reported
back-to-top-scroll