Fraud and financial crime
Possession / making / supplying articles for use in frauds
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years’ custody
Actus reus
- s.6: have in possession or under control any article for use in the course of or in connection with any fraud (Fraud Act 2006).
- s.7: make, adapt, supply or offer to supply any article. Check which section is charged.
Mens rea
- s.6: the article is for use in the course of or in connection with fraud (an intention that it be so used).
- s.7: knowledge that it is designed or adapted for such use, or intention that it be used to commit or assist fraud.
Defences
Article for an innocent use · No possession or control (s.6) · No knowledge/intent for s.7 · Deny making/supplying
Sentencing Council
Sentencing Council guideline effective 1 October 2014. Offence range: Band A fine – 3 years’ custody Making or supplying articles for use in frauds Fraud Act 2006 (section 7) Triable either.
At the police station
Phones, card-readers and cloned cards are typical s.6 articles. s.7 is the making/supply limb and carries the higher maximum.
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, ss.6–7 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Fraud Act 2006 ↗