Offences
What is the Sentence for Fraud?
There are a number of offences relating to fraud, and the sentence received will depend firstly on the offence committed. For a more in-depth look at the different types of offences, see the previous article “What are the Different Types of Fraud”, which can be found here.
This article provides a brief summary of the sentences that may be passed in the event that a person is found guilty of any one of these fraud-related offences.
The "Main" Fraud Offences
The three main fraud offences under the Fraud Act 2006 (fraud by false representation; fraud by failing to disclose; and fraud by abuse of position) all carry the same maximum sentence and allocation, as provided under section 1 of the Act.
The maximum sentence is 10 years’ imprisonment. However, the actual sentence received will be dependent on the particular facts of each case (including, for example, the value of the fraud) once applied to the Sentencing Council’s guidelines.
The fraud offences are all triable either-way, meaning that the case can be dealt with either in the magistrates’ courts or the Crown Court. Where will depend on the seriousness, complexity, and potential sentence of each case. In any case, a defendant would be entitled to elect trial by jury.
Other and Related Offences
Possession or control of articles (i.e. any object or electronic programme or data) for use in the commission of an offence of fraud
Can be tried either in the magistrates’ court or the Crown Court
Maximum sentence: 5 years’ imprisonment, or a fine, or both
Making or supplying articles for use in fraud
Can be tried either in the magistrates’ court or the Crown Court
Maximum sentence: 10 years’ imprisonment, or a fine, or both
A sole trader carrying on a business fraudulently
Can be tried either in the magistrates’ court or the Crown Court
Maximum sentence: 10 years’ imprisonment, or a fine, or both
Obtaining services dishonestly
Can be tried either in the magistrates’ court or the Crown Court
Maximum sentence: 5 years’ imprisonment, or a fine, or both
The Sentencing Guidelines Council definitive can be found here though care should be taken when considering these guidelines to asses the specific category that a case is likely to fall into and then taking into account additional factors such as aggravating and mitigating features and any applicable discount for credit for a guilty plea or applying the totality principle.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.