Fraud by False Representation UK: Offence, Sentencing and Defence

What Is Fraud by False Representation?

Fraud by false representation occurs where someone makes a false or misleading representation dishonestly, intending to make a gain for themselves or another person, or to cause someone else a loss.

The offence is broad. A representation can be made verbally, in writing, through conduct, or through digital communication. In modern fraud cases, it often involves online messages, electronic payments, or financial documents.

A representation may relate to: 

• Facts
• A person’s authority
• Financial information
• Identity
• Ownership of property or assets

The offence can still be committed even if the representation is not believed or acted on by another person.

The Law: Section 2 of the Fraud Act 2006

Fraud by false representation is defined in section 2 of the Fraud Act 2006. 

Under the legislation, a person commits the offence if they:

• Dishonestly make a false representation, and 
• Intend to make a gain for themselves or another, or cause loss to another. 

Examples of Fraud by False Representation

Fraud by false representation can arise in many different 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 the required 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 defendant’s role 
• 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  

Defences to Fraud by False Representation

Every fraud case depends on its own facts and evidence. Several defence issues 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 can sometimes involve misunderstanding rather than deliberate fraud.

A thorough review of the evidence is essential in any fraud case. 

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 review financial records, electronic devices and communications.

A person may also be asked to attend an interview under caution as part of the investigation.

How Criminal Defence Solicitors Can Help

Fraud allegations can have serious personal, financial and reputational consequences. Early legal advice can help you understand the case against you and respond carefully to investigators.

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, legal advice can help protect your position and ensure the evidence is properly reviewed.