Fraud Definition

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What does Fraud mean?

The offence of fraud under the Fraud Act 2006, s 1, may be committed by: (a) dishonestly making a false representation (to a person, or to any system or device) with a view to gain or with intent to cause loss or expose to a risk of loss; (b) dishonestly (and with a view to gain or with intent to cause loss, etc) failing to disclose information when under a legal duty to disclose it; or (c) dishonest abuse of position, with a view to gain or to cause loss, etc. It is irrelevant whether gain, loss or exposure to loss actually occurs.

The Fraud Act 2006 replaced a number of specific offences in the Theft Acts 1968 and 1978 with a general offence of fraud and with an offence of obtaining services dishonestly (s 11).

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Influencer risk assessment—checklist

Influencer risk assessment—checklist Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. By using influencers effectively, brands can deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted source. Brands commonly work with influencers by: • paying influencers to post particular content (ie advertorials), and/or • providing affiliate links or discount codes to be included in posts where the influencer gets paid for every ‘click-through’ or sale tracked back to the influencer’s content (ie affiliate marketing) An influencer is effectively a business partner and should be carefully chosen to minimise potential damage and maximise the success of the campaign. This Checklist outlines key points to consider prior to engaging with an influencer for a specific project. Regulation of influencer advertising The primary legislation applicable to influencer advertising is Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which regulates unfair and misleading business-to-consumer commercial practices....

Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist

Comparison between the Scottish self-reporting regime and Deferred Prosecution Agreements used in the rest of the UK—checklist There are key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services (COPFS) in Scotland (Scottish self-reporting initiative) and the deferred prosecution agreement (DPA) regime now operating in the rest of the UK (DPA regime). Any business that uncovers corruption within the organisation should make sure it understands the differences between the two regimes before deciding which authority to approach. This Checklist aims to set out the main differences between the Scottish self-reporting initiative and the DPA regime operating in the rest of the UK. Introduction to the two regimes Scottish self-reporting initiative The Scottish self-reporting initiative was introduced on 1 July 2011 when the Bribery Act 2010 (BA 2010), a UK-wide statute, came into force. The Scottish initiative applies solely to offences under BA 2010 or analogous bribery offences which applied before BA 2010 came into force. Under the regime, a self-reporting business can seek...

Discover our 12 Checklists on Fraud

Possessing or making articles for use in fraud

It is an offence for a person to possess, or have under their control, any article for use in the course of or in connection with fraud under section 6 of the Fraud Act 2006 (FrA 2006). The elements of the offence are that the defendant:•had in their possession or had in their control•an article•for use in the course of or in connection with any fraudThe Explanatory Notes to FrA 2006 set out that the wording of this offence draws on the offence of 'going equipped' in section 25 of the Theft Act 1968 and is essentially an extension of that offence. However, the offence under FrA 2006, s 6 is wider as it can be committed without the defendant leaving home.The offence is also based on the case law relating to the mental element of the offence of 'going equipped', which established that proof is required that the defendant had the article for the purpose or with the intention that it be used in the course of or in...

Sentencing fraud offences committed by individuals

The Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of the Theft Act 1968 or conspiracy to defraud under the common law for use in the magistrates’ court here and for use in the Crown Court (the Fraud Guidelines) here. The Fraud Guidelines apply to all individual offenders aged 18 and older sentenced on or after 1 October 2014, regardless of the date of the offence. The SC also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises, see Practice Note: Sentences imposed following conviction. Among these, the General guideline—overarching principles (the General guideline) is specifically designed to be used in conjunction with offence specific guidelines and covers seriousness as well as providing expanded explanations for aggravating and mitigating factors, culpability and harm, see Practice Note: Sentencing Council General Guideline—overarching principles—Using the General Guideline in...

Discover our 135 Practice Notes on Fraud

Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

Dive into our 161 Precedents related to Fraud

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record? As was noted in Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar), the power to imprison for contempt of court arises out of the inherent jurisdiction of the Court, but is subject to the provisions of the Contempt of Court Act 1981 (CCA 1981). By virtue of CCA 1981, s 14 a sentence of imprisonment may be imposed for contempt of court, but for no more than two years (see also Palmer v Tsai). This is limited to a period of one month for committal ordered by the inferior courts. Further, specific statutory powers may limit the period further. The CCA 1981 does not expressly make contempt of court a criminal offence. Whether the contempt is a criminal offence is a question of whether the form of contempt is a civil or criminal contempt. As was noted in Re: Yaxley-Lennon: ‘It is...

Is there a publically searchable record of companies which have criminal records?

Is there a publically searchable record of companies which have criminal records? Certain regulators maintain publically searchable databases of companies (and individuals) who have been convicted of certain offences. For example, see: • HSE’s prosecution database • Serious Fraud Office database In addition to this, certain regulators issue press releases on their websites

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DWP's Fraud Bill passes Commons with new recovery and investigation powers

The Department for Work and Pensions (DWP) has announced that the Public Authorities (Fraud, Error, and Recovery) Bill has completed its Third Reading in the Commons. The Bill introduces direct bank account recovery powers, financial institution data access rights and driving disqualification measures for benefit fraudsters. It extends the limitation period for Covid-related civil fraud claims to 12 years and grants new investigative powers to the Public Sector Fraud Authority. The legislation aims to save £1.5bn over five years and forms part of broader measures targeting £9.6bn in savings by 2030.

Children’s rights, media trust in focus for Irish media regulator

MLex: Ireland's media regulator, the Coimisiún na Meán, has said the creation of a diverse, creative and trusted media landscape are part of its strategy statement for 2025-2027 and its 2025 work program. The strategy also prioritizes fundamental rights, particularly for children, alongside democratic values and public safety. By focusing on strategic outcomes and delivery tools, the regulator aims to spearhead regulatory efforts both nationally and across the EU, ensuring the sustainable development and inclusivity of the media sector.

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7 Limits on period of detention without charge

In section 42(1) of the 1984 Act (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for paragraph (b) there is substituted—“(b) an offence for which he is under arrest is an arrestable offence; and”.

Fraud is referenced 2 in UK Parliament Acts

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