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Possession / making / supplying articles for use in frauds

Fraud and financial crime — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Fraud and financial crime

Possession / making / supplying articles for use in frauds

Fraud Act 2006, ss.6–7

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.

View definitive guideline ↗

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.

More in Fraud and financial crime

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.