CRIMINAL LAW

CRIMINAL LAW

CRIMINAL LAW

Fraud Act 2006:

The Section 15 of the Fraud Act of 2006 had made an offence in order to obtain the property dishonesty. Property is more widely explained than for land and theft of land, as well as personal property and money. It does not include the financial advantages that are falling short of real property, like a loan, a facility for overdraft, a debt cancellation, services or a bank transfer. (Chris, 2010, 159-188)

The main problem with the method of accountability for fraud under the Theft Act is that it is unduly technical and complicated. However, the Act contained offences which solved some of the issues; they were liable to deal with the issues reactively and in a gradual manner. They were not able to cover the broader range of fraud that was even more complex in nature.

The Fraud Act 2006 brought a solution with some changes to it. In Fraud Act 2006, a general offence is developed which is committed in three different ways: (Chris, 2010, 159-188)

Fraud by false representation

Fraud by failing to disclose the information

Fraud by abuse of position

False Representation:

The elements of the offence are as follows:

a) Made:

A representation can be implied or expressed. There are no limitations for expressing or implying a representation. It can be spoken, posted on website, sent through email or written in any other form. It can even be expressed by using a body language: by nodding or dressing etc. a representation can be used in terms of false identity. Representation can be regarded as something implied or submitted in any form to any device or system in order to convey, respond or receive the communications, with or without the intervention of human beings. (Kevin, 2007, 195-204)

b) A false representation may be misleading or untrue

Section 2.2 of Fraud Act 2006 defines the meaning of false and section 2.3 defines the meaning of representation. A representation that is explained as false if t is misleading or untrue and the person creating or developing it know about the false representation of it as misleading or untrue. A representation means any type of representation as to law or fact, along with a representation of the state of mind of the person who is making the representation. (Kevin, 2007, 195-204)

c) Dishonesty

It must be kept in mind that the question of dishonesty is for the jury and the submission of none of the cases to answer which must base on the problems of dishonesty. (Kenneth, 2007, 137-247)

d) Loss or Gain

The concept of gain or loss is explained in the section 5 of the Fraud Act, which is the same as in the Theft Act. It extends only to the loss and gain of the money and the property whether permanent or temporary and it means that any property either personal or real including the intangible property and things that are in action. The gain is termed as having the things which one already have and acquiring things which one does not ...