Property Offences - Fraud

Question 1

What legislation covers fraud?

Answer 1

Fraud Act 2006

Question 2

What is the definition of fraud?

Answer 2

dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and intends, by failing to disclose the information to make a gain for himself or another or to cause loss to another or to expose another to risk of loss

Question 3

What are common fraud offences?

Answer 3

s.2 Fraud by False Representation
s.3 Fraud by Failing to Disclose Information
s.4 Fraud by Abuse of Position
- in these, the gain/ loss doesn’t have to take place can be just an intention for it to take place

Question 4

What is the definition of Fraud by False Representation (s.2 Fraud Act 2006)?

Answer 4

dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another or to cause loss to another or to expose to another a risk of loss

Question 5

What is the definition of Fraud by Failing to Disclose Information (s.3 Fraud Act 2006)?

Answer 5

dishonestly fails to disclose to another person information which he is under legal duty to disclose and intends, by failing to disclose the information, to make gain for himself or another or to cause loss to another or to expose another to a risk of loss

Question 6

What is the definition of Fraud by Abuse of Position (s.4 Fraud Act 2006)?

Answer 6

occupies a position in which he is expected to safeguard or not to act against the financial interests of another person and dishonestly abuses that position and intends, by means of the abuse of that position, to make a gain for himself or another or to cause loss to another or to expose another to a risk of loss

Question 7

What is the legislation for Possessions of Articles for Use in Fraud?

Answer 7

s.6 Fraud Act 2006

Question 8

What is the definition of Possession of Articles for Use in Fraud (s.6 Fraud Act 2006)?

Answer 8

has in his possession or under his control any article for use in the course of or in connection with any fraud

Question 9

What type of offence is a Possession of Articles for Use in Fraud?

Answer 9

Either way offence

Question 10

If there is no prompt police intervention required for a fraud offence, where will the case be referred to?

Answer 10

Action Fraud

Question 11

What legislation covers Obtaining Services Dishonestly?

Answer 11

s.11 Fraud Act 2006

Question 12

What is the definition of Obtaining Services Dishonestly (s.11 Fraud Act 2006)?

Answer 12

• obtains services for themself or another
• by a dishonest act
• and the services are available on the basis that payment has, is or will be made
• and the services are obtained without payment or without full payment
• and he had no intention to pay in full
  THE ACTUAL OBTAINING OF THE SERVICE MUST HAPPEN

Question 13

Does a service obtained have to be legal in the Obtaining Services Dishonestly legislation?

Answer 13

No - e.g. can be used in prostitution

Question 14

What is the definition of Making off Without Payment (s.3 Theft Act 1968)?

Answer 14

knowing that payment on the spot for any goods supplied or services done is required or expected from him and dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due

Question 15

What is the definition of making/ supplying articles for use in fraud (s.7 Fraud Act 2006)?

Answer 15

• makes, adapts, supplies or offers to supply
• anything whatsoever
• knowing that it is designed or adapted for use in fraud or connection with fraud
• or intending it to be used in or to assist fraud

Question 16

Can you offer something that you are not in possession of?

Answer 16

Yes - e.g. a person offering to supply viewing card for satellite TV system to enable people to view for free - doesn’t have the cards created yet but can still offer them and thus be guilty of the offence

Question 17

Is Forged Currency included in the Making or Supplying Articles for Use in Fraud offence?

Answer 17

No

Question 18

What does false representation mean in fraud?

Answer 18

• untrue/ misleading and the suspect must know that it is, or might be, untrue or misleading
• can be communicated in words/ conduct
• a broken promise is not false representation however, it is whereby the person making the promise never intended to keep it (false representation)
• no requirement for reciprocal human involvement e.g. can deceive a machine but offence is complete when card inserted as implying you are the owner

Question 19

What is the actus reus in Fraud?

Answer 19

• make a gain for himself or another
  and/ or
• to cause loss to another

Question 20

Gain and Loss in Fraud

Answer 20

• gain or loss in money or other property
• gain or loss can be temporary/ permanent
• any real or personal property - can be intangible/ things in action

Question 21

When is the offence of false representation complete?

Answer 21

• the moment the false representation is made
• need never be heard/ communicated to the recipient
• if carried out by post, would be complete when the letter is posted

Question 22

What does legal duty to disclose mean in Fraud?

Answer 22

legal duty may arise from
- statute
- utmost good faith
- express/ implied terms of a contract
- custom of a particular trade/ market
- existence of a fiduciary relationship between parties (e.g. trustee)

Question 23

Examples of articles to be used in fraud

Answer 23

• computer programme that generates credit card numbers
• computer file with people’s credit card details
• computer template for producing blank utility bills