摘要
The Fraud Act 2006 replaced the deception offences in the Theft Acts 1968 and 1978 with a single general offence of fraud, which can be committed in three ways: by false representation, by failing to disclose information, and by abuse of position. The Act also created offences of obtaining services dishonestly and possessing or making articles for use in fraud. It simplified the law and removed the requirement to prove that the victim was actually deceived.
要点
- General offence of fraud — maximum 10 years' imprisonment (s.1)
- Fraud by false representation: dishonestly making a false representation intending to make a gain or cause a loss (s.2)
- Fraud by failing to disclose information: dishonestly failing to disclose information where there is a legal duty to disclose (s.3)
- Fraud by abuse of position: dishonestly abusing a position of trust or fiduciary duty (s.4)
- Obtaining services dishonestly (s.11)
- Possession of articles for use in fraud (s.6)
- Making or supplying articles for use in frauds (s.7)
- No requirement to prove that anyone was actually deceived or that any gain or loss actually occurred