Fraud by False Representation (Section 2 Fraud Act 2006)

Fraud by False Representation is an offence under s.2 Fraud Act 2006, read with s.1. A person is in breach of s.2 if he dishonestly makes a false representation, and intends, by making the representation, to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss (s.2(1)). A representation is false if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading (s.2(2)); it may be as to fact or law, including a state of mind (s.2(3)), may be express or implied (s.2(4)), and may be regarded as made if submitted in any form to any system or device designed to receive, convey or respond to communications, with or without human intervention (s.2(5)). A person who is in breach of s.2 is guilty of fraud (s.1(1) and (2)(a)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 10 years or a fine (or both); on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way, Sentencing Act 2020 s.224(1A)(b)) or a fine not exceeding the statutory maximum (or both) (s.1(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).