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Readership: Primary: Criminal practitioners - barristers, solicitors, the judiciary, and lawyers within various legal prosecution enforcement agencies. Secondary: Academics and the Police
Simon Farrell QC, Barrister, 3 Raymond Buildings, Nicholas Yeo, Barrister, 3 Raymond Buildings, and Guy Ladenburg, Barrister, 3 Raymond Buildings
1: Introduction The Main Provisions of the Fraud Act 2006 Drivers behind the New Fraud Law Chronology of the Passage of the Fraud Bill through Parliament Possible Ways of Criminalizing Fraudulent Conduct The New Offences Introduced by the Fraud Act 2002 Conclusion 2: Fraud Overview Common Elements Fraud by False Representation (section 2) Fraud by Failing to Disclose Information (section 3) Fraud by Abuse of Position (section 4) 3: Agreements to Commit Fraud Overview Statutory Conspiracy to Committ Fraud Common Law Conspiracy to Defraud Limitations on the Use of Conspiracy to Defraud Conduct that Can More Effectively be Prosecuted as Conspiracy to Defraud Conduct that Can Only be Prosecuted as Conspiracy to Defraud Fraudulent Conduct Covered by Statutory Offences 4: Acts Preparatory to Fraud Overview Attempted Fraud Going Equipped Articles for Use in Fraud 5: Participating in Fraudulent Business Summary of the New Offence History of Fraudulent Trading Offences The New Offence Summary 6: Obtaining Services Dishonestly Overview Background Ingredients of the New Offence Principles Established by Case Law 7: Procedural Matters Jurisdiction Liability of Company Officers Evidential Matters Penalties 8: Fraud not Covered by the Fraud Act Theft Fraud Offences Preserved Money Laundering Cheating the Revenue Forgery and Counterfeiting Miscellaneous Provisions 9: Fraud Management and the Future of Fraud Trials Introduction Management of Fraud Trials Reforming the Approach to Fraud APPENDICES Appendix 1: Fraud Act 2006 Appendix 2: Pre-Legislative Material Appendix 3: The Fraud Protocol: Control and Management of Heavy Fraud and Other Complex Criminal Cases Appendix 4: Guidance on the Use of the Common Law Offence of Conspiracy to Defraud Appendix 5: Criminal Justice Act 1993 Appendix 6: Other Fraud Legislation Appendix 7: Criminal Procedure Rules on Case Management (Parts 1 and 3) Appendix 8: Preparatory Hearings Appendix 9: Sample Indictments
