Fraud and financial crime
Fraud by false representation
Fraud Act 2006, s.1 (by false representation); s.2
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (s.1 fraud); indictable-only for some conspiracy/large-scale fraud
- Maximum penalty
- 10 years' custody (s.1)
Actus reus
- Dishonestly make a false representation (express or implied).
- Representation is false if untrue or misleading and the maker knows that or is reckless as to whether it is.
- Representation made to a device/system can suffice (s.2(5)).
Mens rea
- Dishonesty (Ivey test).
- Intent to make a gain for self/another or cause loss to another (or risk of loss).
Verified case law
Ivey v Genting Casinos[2017] UKSC 67
The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.
Defences
Honest belief representation true · No intent to gain/cause loss · Not dishonest on Ivey test · Civil dispute not criminal fraud
Sentencing Council
Sentencing Council fraud guideline effective 1 October 2014. Categorises by culpability and harm (primarily financial loss); offence range for s.1 fraud typically discharge to 8 years.
At the police station
Increasingly common — benefits, online sales, business disputes. Obtain documents (contracts, messages, bank records) and explore whether it is a civil contract dispute rather than criminal fraud.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Fraud Act 2006, s.1 (by false representation); s.2 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Fraud Act 2006 ↗
- Case law:Ivey v Genting Casinos [2017] UKSC 67 ↗