Blackstone's Guide to the Fraud Act 2006

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Blackstone's Guide to the Fraud Act 2006

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Blackstone's Guide to the Fraud Act 2006

Simon Farrell QC, Nicholas Yeo, and Guy Ladenburg
Published by
Oxford University Press
Publication Date
29 March 2007
296 pages
156 x 234 mm
Blackstone's Guides

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 to the Fraud Act 2006 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. 
  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
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
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