Sections

Question 1

Section 1:

Answer 1

General offence of ‘fraud’

Anyone who is in breach of sections 2, 3 or 4 = guilty of an offence

Question 2

Section 2 is fraud by

Answer 2

False representation

Question 3

Section 2 examples:

Answer 3

Car dealer sells a car knowing the speedometer is altered to get a better deal

Falsely stating an item is in good condition when it isn’t to get a better price

Question 4

Section 3 is fraud by

Answer 4

Failing to disclose information

Question 5

Section 3 important points:

Answer 5

Legal duty to disclose

Intent to make gain or loss

Question 6

Section 3 examples:

Answer 6

Solicitor fails to share vital info with client in the context of their client/lawyer relationship, with intent to commit fraud upon that client

Member of public fails to disclose serious medical condition in order to obtain cheaper health insurance

Question 7

Section 4 fraud by

Answer 7

Abuse of position

Question 8

Section 4 examples:

Answer 8

Employee of a software company copies software with the intention of selling it for gain, or sells it

Question 9

Sections 2-4 relate to the 3

Answer 9

Distinctive ways fraud can be committed

Question 10

For sections 2-4 there is the same intent:

-To make a gain for himself or another

OR

-To cause loss to another or expose another to a risk of loss

The gain/loss can be…

Answer 10

Temporary or permanent

Question 11

Section 4 the abuse of position MUST take place at the time the suspect occupies the..

Answer 11

Position of trust and NOT later

Question 12

Sections 6 & 7 refer to articles for use in

Answer 12

Fraud

Question 13

Section 6 is: possessing articles for

Answer 13

Use in fraud

Question 14

Section 6 examples:

Answer 14

Computer data software files

Letters

Lists of financial details

Cloned credit card

Charity box

ID card

Question 15

Section 7: making, adapting or supplying

Answer 15

Articles

Question 16

S7 key point: person must…

Answer 16

KNOW it is designed/adapted/connected with any fraud

Question 17

Section 7 example: computer programme that can generate

Answer 17

Numbers for fake credit cards

Question 18

Section 1 pace can be used to search for prohibited articles (SOAP - S & A) regarding sections:

Answer 18

6&7 fraud act

Question 19

Section 11 fraud act refers to dishonestly…

Answer 19

Obtaining services

Question 20

Section 11 points to prove:

Person must (2):

Answer 20

1) know the service they are obtaining is chargeable

2) do a dishonest act

Question 21

Section 11 examples:

Answer 21

• digibox decoder (view satellite channels with no intention of paying as required)
• slipping past a ticket collector at a cinema and watching film without paying
• using a stolen credit card a person obtains access to websites on the internet which requires access rights to be paid for

Question 22

Section 11 is not possible to commit by omission or failure to

Answer 22

Do something alone - must have intention not to pay

Question 23

Section 3 theft act:

Making off

Answer 23

Without payment

Question 24

Section 3 theft act is what sort of decision?

Answer 24

On the spot

Question 25

Section 3 theft act examples:

Answer 25

Driver enters petrol station, fills up vehicle then drives off without paying

Customer hires taxi and runs off without paying (billing)

Customer at restaurant orders a meal, eats it. Realises waiter is in kitchen so leaves restaurant without paying

Question 26

Difference between section 11 fraud and section 3 theft:

Answer 26

Section 11 - intention and dishonesty not to pay = made before service obtained

Section 3 theft - intention and dishonesty not to pay = made on the spot