The Fraud Act 2006 in England, Wales, and Northern Ireland gives a statutory definition of the criminal offence of fraud and defines it in three classes:
Fraud by false representation
Fraud by failing to disclose information
Fraud by abuse of position
(Fraud Act 2006)
You will learn more about these classes of fraud in the next step.
The Fraud Act 2006, therefore, indicates that the focus should be on the suspect’s intentions and actions rather than proving that a victim has been deceived.
Fraud legislation in Scotland
The Fraud Act (2006) does not apply in Scotland. In Scotland, criminal fraud is mainly dealt with under common law (unwritten law based on custom or court decisions) and a number of statutory offences, including:
Common law fraud
Uttering
Embezzlement
Statutory frauds
In Scotland, the term ‘fraud’ refers to the deliberate use of deception or dishonesty to disadvantage or cause loss to another person or party (The Fraud Advisory Panel 2015).