Fraud by false representation - Fraud Act 2006

Points to prove

• 1. 1. The defendant made a representation — as to fact, law or state of mind, express or implied, and including a representation submitted to a system or device designed to receive, convey or respond to communications (s 2(3)-(5))
• 2. 2. The representation was false — untrue or misleading (s 2(2)(a))
• 3. 3. The defendant knew that the representation was, or might be, untrue or misleading (s 2(2)(b))
• 4. 4. The defendant made the representation dishonestly (objective test — Ivey v Genting Casinos [2017] UKSC 67)
• 5. 5. The defendant intended, by making the representation, to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss ('gain' and 'loss' extend only to money or other property — s 5)

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 10 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/2006/35/section/1
• www.legislation.gov.uk/ukpga/2006/35/section/2