Legal Help Hub
Fraud by False Representation UK: Offence, Sentencing and Defence
Introduction
Fraud by false representation is one of the most commonly prosecuted fraud offences in England and Wales. It is defined under section 2 of the Fraud Act 2006 and applies where a person dishonestly makes a false statement or representation with the intention of making a gain or causing a loss.
The offence can arise in many different situations, from financial transactions to business dealings and online activity. Allegations are taken seriously by investigators and prosecutors, and a conviction can result in significant penalties including imprisonment.
If you are facing allegations of fraud, it is important to understand how the law defines this offence, what the prosecution must prove, and how experienced criminal defence solicitors can assist.
What Is Fraud by False Representation?
Fraud by false representation occurs when someone makes a statement or representation that they know is false or misleading, and does so dishonestly with the intention of obtaining a gain or causing another person to suffer a loss.
The offence is intentionally broad. It can apply to representations made verbally, in writing, or through conduct. In modern cases, it frequently involves online communications or electronic transactions.
A representation may relate to:
- Facts
- A person’s authority
- Financial information
- Identity
- Ownership of property or assets
Even if the representation is not believed or acted upon by another person, the offence can still be committed.
The Law: Section 2 of the Fraud Act 2006
Fraud by false representation is defined in section 2 of the Fraud Act 2006.
The legislation states that a person commits an offence if they:
- Dishonestly make a false representation, and
- Intend to make a gain for themselves or another, or cause loss to another.
What Counts as a False Representation?
A representation can be false if it is:
- untrue, or
- misleading
Importantly, a representation can be made expressly or implicitly.
For example, presenting a bank card to make a payment may imply that the person is authorised to use that card. If this is untrue, it may constitute a false representation.
Dishonesty and Intent to Gain or Cause Loss
Two key elements must exist for the offence:
Dishonesty
Courts assess dishonesty using the legal test established by case law. The question is whether the conduct would be considered dishonest according to the standards of ordinary people.
Intent to gain or cause loss
The prosecution must show that the defendant intended to obtain a financial or property gain, or intended another person to suffer a loss.
A gain or loss may be temporary or permanent.
Examples of Fraud by False Representation
Fraud by false representation can arise in a wide range of circumstances.
Common examples include:
- Using another person’s bank details to obtain goods or services.
- Providing false financial information to obtain a loan.
- Selling goods online that do not exist.
- Claiming qualifications or professional status that are untrue.
- Misrepresenting ownership of property or assets.
Many cases now involve digital communications or online platforms.
What Must the Prosecution Prove?
To secure a conviction, prosecutors must prove several elements beyond reasonable doubt.
They must demonstrate that:
- A representation was made.
- The representation was false or misleading.
- The defendant knew the representation was false or might be false.
- The representation was made dishonestly.
- There was an intention to gain or cause loss.
Investigations often involve:
- Financial records
- Digital evidence
- Email communications
- Banking information
- Witness statements
Prosecutors follow guidance from the Crown Prosecution Service when deciding whether to bring charges.
Possible Sentences for Fraud by False Representation
Fraud offences are treated seriously by the courts.
The maximum penalty for fraud by false representation is:
10 years’ imprisonment.
However, the actual sentence will depend on several factors including:
- the financial value involved
- the level of planning or sophistication
- the role of the defendant
- the impact on victims
- whether the offence involved abuse of trust
Courts follow sentencing guidance issued by the Sentencing Council.
Sentences can include:
- Imprisonment
- Suspended sentences
- Community orders
- Financial penalties
- Confiscation proceedings under the Proceeds of Crime Act
Prosecutors follow guidance from the Crown Prosecution Service when deciding whether to bring charges.
Defences to Fraud by False Representation
Every case depends on its specific facts. However, several potential defences may arise.
Possible defence arguments may include:
No dishonesty
If the defendant genuinely believed the representation was true, the offence may not be established.
No intention to gain or cause loss
The prosecution must prove intent. If there was no intention to obtain financial advantage or cause loss, this may undermine the allegation.
No false representation
In some cases, the alleged representation may not actually be false or misleading.
Mistake or misunderstanding
Complex financial transactions may lead to misunderstandings rather than deliberate fraud.
A thorough review of the evidence is essential in any fraud case.
Facing Legal Issue?
Regain peace of mind and balance in your life by contacting us now for a consultation with our Fraud & Financial Crimes specialist.
Strictly Confidential and No Obligation
How Fraud Investigations Typically Begin
Fraud investigations often start following reports from:
- Financial institutions
- Employers
- Regulatory bodies
- Alleged victims
Investigations may involve agencies such as:
- Local police forces
- Specialist fraud units
- The Serious Fraud Office in complex cases
Investigators may examine financial records, electronic devices and communications.
Individuals may be asked to attend interviews under caution as part of the investigation process.
How Criminal Defence Solicitors Can Help
Allegations of fraud can have serious consequences. Early legal advice is important in protecting your position and responding appropriately to investigations.
Experienced criminal defence solicitors can assist by:
- Analysing the evidence in detail
- Advising on legal rights and procedure
- Identifying weaknesses in the prosecution case
- Preparing a strategic defence
- Representing clients throughout court proceedings
Fraud investigations can be complex and require careful handling from the earliest stage.
If you are facing allegations of fraud by false representation, seeking legal advice from experienced criminal defence solicitors can be an important step in protecting your interests.
5 Key Takeaways
- Fraud by false representation is an offence under section 2 of the Fraud Act 2006.
- The offence involves making a dishonest false representation.
- The representation must be made with intent to gain or cause loss.
- The prosecution must prove both dishonesty and intention.
- Convictions can lead to significant financial penalties or imprisonment.
Frequently Asked Questions
Fraud by false representation is an offence under section 2 of the Fraud Act 2006 where a person dishonestly makes a false or misleading representation intending to make a gain or cause loss.
The maximum sentence for fraud by false representation in England and Wales is 10 years’ imprisonment.
No. The offence can still be committed if the defendant intended to cause loss or make a gain, even if no loss actually occurred.
Yes. Many modern fraud cases involve online transactions, digital communications, or electronic payment systems.
They must prove that a false representation was made, that it was dishonest, and that the defendant intended to gain or cause loss.
Yes. Dishonesty is a key element that must be proven by the prosecution.
Yes. Possible defences may include lack of dishonesty, lack of intent, or evidence that the representation was not false.
Call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.
You can also email us on enquiries@ashmanssolicitors.com or complete our Online Enquiry Form and we’ll be in touch soon.
Start your defence journey.
How can we help?
Please complete the form below with as much detail as possible.
Related insights and updates
What Is an Unexplained Wealth Order in the UK?
Tinder Fraud in the UK: Criminal Charges, Investigations and Convictions
Seized Cash Court Order UK: How Police Obtain Cash Forfeiture Orders
Counterfeit Goods Sentencing Guidelines in the UK
How to Delete Police Records in the UK
Fraud Sentencing in the UK: How Fraud Sentences Can Be Reduced
Unexplained Wealth Orders (UWO) in the UK: Legal Advice and Defence
Third Party Assets in Confiscation Proceedings (POCA)
What Is a Production Order in the UK?
Proceeds of Crime Act Proceedings (POCA): Confiscation Orders and Asset Recovery
Can You Go to Jail for a Ponzi Scheme in the UK?
Police Seized Your Cash in the UK? Your Legal Rights and How to Challenge It
Police Search Warrants in the UK: When Police Can Search Your Property
Online Bank Fraud Penalties in the UK
MTIC VAT Fraud Solicitors – Defence Against Carousel Fraud Investigations
What Is the Punishment for Mortgage Fraud in the UK?
Is EncroChat Evidence Legal in the UK?
HMRC Criminal Investigation: What Happens and How to Respond
Freezing Orders in the UK: Legal Advice and Defence Guidance