Criminal Law

Blackstone's Guide to the Fraud Act 2006

Edited by Simon Farrell · Guy Ladenburg · Nicholas Yeo
Oxford University Press March 2007

Specifications

ISBN-13
9780199296248
Publisher
Oxford University Press
Publication
March 2007
Format
Paperback , 296 pages
Jurisdiction
U.K. ? Countri(es) for reference only

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

Table of Contents

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

About the Author

Simon Farrell QC, Barrister, 3 Raymond Buildings, Nicholas Yeo, Barrister, 3 Raymond Buildings, and Guy Ladenburg, Barrister, 3 Raymond Buildings

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