UK Fraud Act 2006 – Section 13 Evidence

By | FRAUD2006
evidance_header

UK Fraud Act 2006 - Section 13 Evidence

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
807

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 13 Evidence

(1)A person is not to be excused from

          (a) answering any question put to him in proceedings relating to property, or

          (b) complying with any order made in proceedings relating to property,

on the ground that doing so may incriminate him or his spouse or civil partner of an offence under this Act or a related offence.

(2) But, in proceedings for an offence under this Act or a related offence, a statement or admission made by the person in—

          (a) answering such a question, or

          (b) complying with such an order,

is not admissible in evidence against him or (unless they married or became civil partners after the making of the statement or admission) his spouse or civil partner.

(3) Proceedings relating to property” means any proceedings for—

          (a) the recovery or administration of any property,

          (b) the execution of a trust, or

          (c) an account of any property or dealings with property,

and property” means money or other property whether real or personal (including things in action and other intangible property).

(4) Related offence” means—

          (a) conspiracy to defraud;

          (b) any other offence involving any form of fraudulent conduct or purpose.

Fraud Act 2006 - Section 13

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 11 Obtaining services dishonestly

By | FRAUD2006
Section-4-Fraud-by-abuse-of-position

UK Fraud Act 2006 - Section 11 Obtaining services dishonestly

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
781

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 11 Obtaining services dishonestly

(1) A person is guilty of an offence under this section if he obtains services for himself or another—

          (a) by a dishonest act, and

          (b) in breach of subsection (2).

(2) A person obtains services in breach of this subsection if—

          (a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,

          (b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and

          (c) when he obtains them, he knows—

               (i) that they are being made available on the basis described in paragraph (a), or

               (ii) that they might be,

but intends that payment will not be made, or will not be made in full.

(3) A person guilty of an offence under this section is liable—

          (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

          (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

Fraud Act 2006 - Section 11

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 8 “Article”

By | FRAUD2006
article_header

UK Fraud Act 2006 - Section 8 “Article”

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
798

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 8 “Article”

(1)For the purposes of—

          (a) sections 6 and 7, and

          (b) the provisions listed in subsection (2), so far as they relate to articles for use in the course of or in connection with fraud,

article” includes any program or data held in electronic form.

(2) The provisions are—

          (a) section 1(7)(b) of the Police and Criminal Evidence Act 1984 (c. 60),

          (b) section 2(8)(b) of the Armed Forces Act 2001 (c. 19), and

          (c) Article 3(7)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(meaning of “prohibited articles” for the purposes of stop and search powers).

Fraud Act 2006 - Section 8

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 7 Making or supplying articles for use in frauds

By | FRAUD2006
Section-7-Making-or-supplying-articles-for-use-in-frauds-

UK Fraud Act 2006 - Section 7 Making or supplying articles for use in frauds

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
756

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 7 Making or supplying articles for use in frauds

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—

          (a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or

          (b) intending it to be used to commit, or assist in the commission of, fraud.

(2) A person guilty of an offence under this section is liable—

          (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

          (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

Fraud Act 2006 - Section 7

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 6 Possession etc of articles for use in frauds

By | FRAUD2006
Section-6-Possession-etc-of-articles-for-use-in-frauds

UK Fraud Act 2006 - Section 6 Possession etc of articles for use in frauds

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
767

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 6 Possession etc of articles for use in frauds

(1) A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.

(2) A person guilty of an offence under this section is liable—

          (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

          (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

Fraud Act 2006 - Section 6

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 5 “Gain” and “loss”

By | FRAUD2006
Gain-and-loss

UK Fraud Act 2006 - Section 5 “Gain” and “loss”

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
738

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 5 “Gain” and “loss”

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) “Gain” and “loss”—

          (a) extend only to gain or loss in money or other property;

          (b) include any such gain or loss whether temporary or permanent;

and “property” means any property whether real or personal (including things in action and other intangible property).

(3) Gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have.

(4) Loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.

Fraud Act 2006 - Section 5

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 4 Fraud by abuse of position

By | FRAUD2006
Section-7-Making-or-supplying-articles-for-use-in-frauds

UK Fraud Act 2006 - Section 4 Fraud by abuse of position

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
837

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 4 Fraud by abuse of position

(1) A person is in breach of this section if he—

          (a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

          (b) dishonestly abuses that position, and

          (c) intends, by means of the abuse of that position

               (i) to make a gain for himself or another, or

               (ii) to cause loss to another or to expose another to a risk of loss.

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

Fraud Act 2006 - Section 4

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 3 Fraud by failing to disclose information

By | FRAUD2006
Section-3-Fraud-by-failing-to-disclose-information-1300x400-imgs

UK Fraud Act 2006 - Section 3 Fraud by failing to disclose information

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
809

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 3 Fraud by failing to disclose information

A person is in breach of this section if he—

          (a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

          (b) intends, by failing to disclose the information

               (i) to make a gain for himself or another, or

               (ii) to cause loss to another or to expose another to a risk of loss.

Fraud Act 2006 - Section 3

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 2 Fraud by false representation

By | FRAUD2006
Section-2-Fraud-by-false-representation

UK Fraud Act 2006 - Section 2 Fraud by false representation

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
817

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 2 Fraud by false representation

(1) A person is in breach of this section if he—

          (a) dishonestly makes a false representation, and

          (b) intends, by making the representation—

               (i) to make a gain for himself or another, or

               (ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

          (a) it is untrue or misleading, and

          (b) the person making it knows that it is, or might be, untrue or misleading.

(3) Representation” means any representation as to fact or law, including a representation as to the state of mind of—

          (a) the person making the representation, or

          (b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Fraud Act 2006 - Section 2

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

UK Fraud Act 2006 – Section 1 Fraud

By | FRAUD2006
Section-1-Fraud

UK Fraud Act 2006 - Section 1 Fraud

Published on 8th March 2019
Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
809

The Fraud 2006 Act gives a statutory definition of the criminal offence of fraud, defining it in three classes – fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment.

UK Fraud Act 2006 – Section 1 Fraud

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).

(2) The sections are—

          (a) section 2 (fraud by false representation),

          (b) section 3 (fraud by failing to disclose information), and

          (c) section 4 (fraud by abuse of position).

(3) A person who is guilty of fraud is liable

          (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

          (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

Fraud Act 2006 - Section 1

Changes to legislation: There are currently no known outstanding effects for the Fraud Act 2006....

Edward de Saram has truly run out of options…

Joseph-S-R-de-Saram

Joseph S R de Saram (JSRDS)

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP