Reforms to Fraud Laws
Major reform in fraud law occurred with the introduction of the Fraud Act 2006. This means that on 15 January 2007 the old general offence of fraud was replaced by parts of the Fraud Act. The Fraud Act includes legislation in relation to these new offences:
- Making a false representation (section 2)
- Dishonestly failing to disclose information (section 3)
- Abuse of position (section 4)
- Obtaining services dishonestly (section 11)
A further offence of conspiracy to defraud still exists and being broad is often used where the Prosecution would have difficulties for technical reasons to get a conviction for one of the new offences, but the prosecution have to show that more than one person was involved.
Fraud Offences under The Theft Acts 1968 and 1978
The Theft Acts 1968 and 1978 created several offences of deception to deal with situations where something was dishonestly obtained by deception. Similarly the offences applied in situations in which liability was evaded in the same way. These offences can be considered to fall under the umbrella of the law of fraud. This is now considered old law, and can now only be used for allegations which date back before January 15th 2007.
The old offences are: (the more common offences are in bold)
- obtaining property by deception
- obtaining a money transfer by deception
- obtaining a pecuniary advantage by deception
- obtaining services by deception
- procuring the execution of a valuable security by deception
- securing remission of an existing liability by deception
- inducing a creditor to wait for or forgo payment
- obtaining exemption from, or abatement of, liability to make a payment
About Athena Forensics
For information on our computer forensic services or if you require any advice or assistance please contact a member of our team on 0330 123 4448 or via email on enquiries@athenaforensics.co.uk, further details are available on our contact us page.
Our client’s confidentiality is of the utmost importance. All correspondence is treated with discretion, from initial contact to the conclusion of any computer forensics investigation.
Our digital forensics experts are fully aware of the significance and importance of the information that they encounter and we have been accredited to ISO 9001 for 10 years.
Our forensic experts are all security cleared and we offer non-disclosure agreements if required. Our premises along with our security procedures have been inspected and approved by law enforcement agencies.
Athena Forensics do not disclose personal information to other companies or suppliers.
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