Blackstone's Guide to the Fraud Act 2006

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Blackstone's Guide to the Fraud Act 2006

Description
Contents
Author

Details
- Places new offences including those of obtaining services dishonestly and of the act of possessing or making material for use in frauds, in the context of previous law
- Structured in a clear and accessible way, with narrative logically following the structure of the Act
- Lucid commentary on the effect of the new legislation, and guidance on its likely impact and interpretation in practice
- Contains full text of the Fraud Act 2006
The Blackstone's Guide
Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Fraud Act 2006 creates a new general offence of fraud with a maximum custodial sentence of ten years; replacing all previous deception offences as detailed under the Theft Acts 1968-1996. This new offence can be committed in three ways;

- By false representation

- By failing to disclose information

- By abuse of position

The Act also creates new offences of obtaining services dishonestly, and replaces the existing 'going equipped' offence, to criminalise the act of possessing or making material for use in frauds. This new Blackstone's Guide provides the full text of the Fraud Act 2006 and extracts from related relevant legislation, together with expert narrative. The authors provide detailed and practical commentary logically following the structure of the Act, on the effect of the legislation, its probable interpretation, and its impact on the existing law of dishonesty.

Readership: Primary: Criminal practitioners - barristers, solicitors, the judiciary, and lawyers within various legal prosecution enforcement agencies. Secondary: Academics and the Police
1: Introduction

The Main Provisions of the Fraud Act 2006

Drivers behind the New Fraud Law

Chronology of the Passage of the Fraud Bill through Parliament

Possible Ways of Criminalizing Fraudulent Conduct

The New Offences Introduced by the Fraud Act 2002

Conclusion

2: Fraud

Overview

Common Elements

Fraud by False Representation (section 2)

Fraud by Failing to Disclose Information (section 3)

Fraud by Abuse of Position (section 4)

3: Agreements to Commit Fraud

Overview

Statutory Conspiracy to Committ Fraud

Common Law Conspiracy to Defraud

Limitations on the Use of Conspiracy to Defraud

Conduct that Can More Effectively be Prosecuted as Conspiracy to Defraud

Conduct that Can Only be Prosecuted as Conspiracy to Defraud

Fraudulent Conduct Covered by Statutory Offences

4: Acts Preparatory to Fraud

Overview

Attempted Fraud

Going Equipped

Articles for Use in Fraud

5: Participating in Fraudulent Business

Summary of the New Offence

History of Fraudulent Trading Offences

The New Offence

Summary

6: Obtaining Services Dishonestly

Overview

Background

Ingredients of the New Offence

Principles Established by Case Law

7: Procedural Matters

Jurisdiction

Liability of Company Officers

Evidential Matters

Penalties

8: Fraud not Covered by the Fraud Act

Theft

Fraud Offences Preserved

Money Laundering

Cheating the Revenue

Forgery and Counterfeiting

Miscellaneous Provisions

9: Fraud Management and the Future of Fraud Trials

Introduction

Management of Fraud Trials

Reforming the Approach to Fraud

APPENDICES

Appendix 1: Fraud Act 2006

Appendix 2: Pre-Legislative Material

Appendix 3: The Fraud Protocol: Control and Management of Heavy Fraud and Other Complex Criminal Cases

Appendix 4: Guidance on the Use of the Common Law Offence of Conspiracy to Defraud

Appendix 5: Criminal Justice Act 1993

Appendix 6: Other Fraud Legislation

Appendix 7: Criminal Procedure Rules on Case Management (Parts 1 and 3)

Appendix 8: Preparatory Hearings

Appendix 9: Sample Indictments
Simon Farrell QC, Barrister, 3 Raymond Buildings, Nicholas Yeo, Barrister, 3 Raymond Buildings, and Guy Ladenburg, Barrister, 3 Raymond Buildings