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Fraud by false representation

ss.1 and 2Fraud Act 2006

Dishonestly making a false representation, intending to make a gain for yourself or another, or to cause loss to another or expose them to a risk of loss.

Fraud by false representation · Fraud Act 2006, ss.1 and 2Card 16 / 85

Points to prove

Dishonestly
Made a false representation
Knowing that the representation was, or might be, untrue or misleading
Intending, by making the representation, to make a gain for themselves or another, or to cause loss to another or expose another to a risk of loss

Key definitions

Dishonestly – not defined in the Act. The test is Ivey v Genting (2017), applied in R v Barton and Booth (2020): the defendant’s actual knowledge or belief, then whether the conduct was dishonest by the standards of ordinary decent people.
False – s.2(2): the representation is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading.
Representation – s.2(3): any representation as to fact or law, including a representation about the state of mind of the person making it or anyone else. It may be express or implied (s.2(4)).
Made to a machine – s.2(5): a representation counts as made if it is submitted in any form to any system or device designed to receive, convey or respond to communications, with or without human involvement (for example, using a stolen card at a cash machine or online).
Gain and loss – s.5: only gain or loss in money or other property, whether temporary or permanent. Gain includes keeping what you have; loss includes not getting what you might get.

Good to know

No one has to be deceived and no gain or loss has to actually happen. The offence is complete when the false representation is made with the required intent.
Common examples: using a stolen or cloned bank card, false insurance claims, false CVs to get paid work, and ordering goods or services with no intention of paying (a false statement about your state of mind).
The Fraud Act 2006 replaced the old deception offences under the Theft Acts 1968 and 1978 from 15 January 2007.
Fraud under s.1 can be committed in three ways: false representation (s.2), failing to disclose information (s.3) and abuse of position (s.4).

Legislation: Fraud Act 2006, ss.1 and 2 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment and/or a fine (on indictment)