Fraud Act

Question 1

Section 2 Fraud Act 2006

Answer 1

Dishonestly make false representation and
intend to make gain for themselves or another, or
to cause loss to another, or
to expose another to a risk of loss

Question 2

How can representation be made under S2 Fraud Act 2006?

Answer 2

• Verbally
• In writing (including online)
• Through actions

Question 3

Can false representation be made to a device?

Answer 3

Yes, for example using a fake coins at a snack dispenser

Question 4

Section 3 Fraud Act 2006

Answer 4

Dishonestly fails to disclose to another person information which that person is under a legal duty to disclose, and
Intends by failing to do so to make a gain for themselves or another, or
To cause loss to another, or
To expose another to risk of loss

Question 5

Where can legal duty to disclose derive from?

Answer 5

• Statute
• Assumed good faith
• Express or implied terms of a contract
• Existence of fiduciary relationship (entrusted with financial arrangements)

Question 6

Section 4 Fraud Act 2006

Answer 6

Abuse of position

Question 7

Can abuse of position take place after the suspect occupies position of trust?

Answer 7

No, the abuse must take place at the same time the suspect occupies the position of trust

Question 8

Section 11 Fraud Act 2006

Answer 8

Dishonest obtaining of services

Question 9

When is there a dishonest obtaining of services?

Answer 9

Service obtained through a dishonest act (false credit card, false personal details, etc)