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You are here: BAILII >> Databases >> The Law Commission >> FRAUD [2002] EWLC 276(10) (01 July 2002)
URL: http://www.bailii.org/ew/other/EWLC/2002/276(10).html
Cite as: [2002] EWLC 276(10)
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PART X OUR RECOMMENDATIONS
Our full recommendations are as follows.
Fraud
1. Any person who, with intent to make a gain or to cause loss or to expose another to the risk of loss, dishonestly(1) makes a false representation, or
(2) fails to disclose information to another person which
(a) he or she is under a legal duty to disclose, or
(b) is of a kind which the other person trusts him or her to disclose, and is information which in the circumstances it is reasonable to expect him or her to disclose, or
(3) abuses a position in which he or she is expected to safeguard, or not to act against, the financial interests of another person, and does so without the knowledge of that person or of anyone acting on that person's behalf,
should be guilty of an offence of fraud. (paragraph 7.55)
2. Fraud should be triable either way, and on conviction on indictment should be punishable with up to ten years' imprisonment. (paragraph 7.68)Obtaining services dishonestly
3. Any person who by any dishonest act obtains services in respect of which payment is required, with intent to avoid payment, should be guilty of an offence of obtaining services dishonestly. (paragraph 8.13) 4. The offence of obtaining services dishonestly should be triable either way, and on conviction on indictment should be punishable with up to five years' imprisonment. (paragraph 8.16)Abolition of existing offences
5. All the deception offences under the Theft Acts 1968–1996, and conspiracy to defraud, should be abolished. (paragraph 9.5)(Signed) ROBERT CARNWATH, Chairman HUGH BEALE STUART BRIDGE MARTIN PARTINGTON ALAN WILKIE
MICHAEL SAYERS, Secretary 14 June 2002