header-logo header-logo

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

Getting tough on fraud

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

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll