Fraud Act 2006
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The Fraud Act 2006 specifically addresses the offence of fraud in England and Wales. It repeals Section 15 of the Theft Act 1968 and provides an updated legal framework for defining and prosecuting fraudulent activities. Here is an overview of the key sections of the Fraud Act 2006:
Section 2: Fraud by False Representation
Section 1 deals with the offence of fraud by false representation. It states that a person commits fraud if he dishonestly makes a false representation, knowing that the representation is untrue or misleading, with the intent to make a gain for himself or another person or to cause a loss to another person.
Section 3: Fraud by Failing to Disclose Information
Section 2 addresses the offence of fraud by failing to disclose information. It states that a person commits fraud if he fails to disclose information when he has a legal duty to disclose it, with the intent to make a gain for himself or another person or to cause a loss to another person.
Section 4: Fraud by Abuse of Position
Section 3 covers the offence of fraud by abuse of position. It states that a person commits fraud if he occupies a position in which he is expected to safeguard the financial interests of another person, and he dishonestly abuses that position, intending to make a gain for himself or another person or to cause a loss to another person.
Sections 6–7: Possession, Making, or Supplying Articles for Use in Fraud
These sections deal with the possession, making, or supplying of articles for use in fraud. A person commits an offence if he has in his possession or control any article for use in the course of or in connection with fraud, or if he makes, adapts, or supplies any article knowing that it is designed or adapted for use in the course of or in connection with fraud.
The Fraud Act 2006 provides a comprehensive legal framework to tackle various forms of fraudulent behaviour. It sets out the elements, requirements, and penalties for each offence, enabling the authorities to effectively investigate, prosecute, and deter fraudulent activities in England and Wales.
