COULD I GET A SUSPENDED SENTENCE FOR FRAUD BY FALSE REPRESENTATION?

If you or someone you know has been accused of fraud by false representation, it is natural to feel anxious about what lies ahead, including the possibility of a prison sentence. Many people in this situation are unsure about the potential outcomes, the meaning of a suspended sentence (as an alternative to a prison sentence in the first instance), and what steps they can take to improve their chances of a more favourable result. This article aims to provide clear, accessible information about fraud by false representation, the sentencing process, and how suspended sentences work in England.

What is fraud by false representation?

Fraud by false representation is a criminal offence under Section 2 of the Fraud Act 2006. In simple terms, it occurs when a person dishonestly makes a false statement or representation, intending to make a gain for themselves or another, or to cause loss to someone else or expose them to a risk of loss. The representation can be about anything, including identity, financial circumstances, or entitlement to benefits, and it can be made in writing, verbally, or even by conduct. For example, using someone else’s credit card details to make purchases, lying on a loan application, or selling goods online that do not exist could all amount to fraud by false representation.

To secure a conviction, the prosecution must prove that the representation was false, that it was made dishonestly, and that the person intended to gain or cause loss. The law does not require the victim to have actually suffered a loss; the intention alone is enough.

What are the usual sentences for fraud by false representation?

Sentences for fraud by false representation can vary widely, depending on the circumstances of the case. The courts in England use sentencing guidelines to ensure consistency and fairness, but the outcome will always depend on the specific facts. The maximum sentence for fraud by false representation in the Crown Court is 10 years’ imprisonment, but not all cases result in a custodial sentence.

For less serious cases, where the amount involved is small, the offender has no previous convictions, and there was no significant planning or breach of trust, the court may impose a community order or a fine. However, where the fraud is more serious, involves a higher value, or there are aggravating factors such as abuse of a position of trust, the court may consider a prison sentence. In some cases, the court may decide to suspend the prison sentence, meaning the offender does not go to prison immediately but must comply with certain conditions.

What is a suspended sentence and how does it work?

A suspended sentence is a type of custodial sentence that does not take immediate effect. Instead of being sent straight to prison, the offender is given a prison sentence that is suspended for a specified period, usually between six months and two years. During this time, the offender must not commit any further offences and may be required to comply with additional requirements, such as unpaid work, rehabilitation activities, or curfews.

If the offender complies with the conditions and does not commit another offence during the suspension period, the prison sentence will not be activated, and they will not have to serve time in custody. However, if they breach the conditions or commit another offence, the court can activate the suspended sentence, meaning the offender will have to serve the original prison term, in addition to any sentence for the new offence.

Suspended sentences are intended to act as a deterrent and to give offenders an opportunity to demonstrate that they can stay out of trouble. They are not available in all cases and are generally reserved for situations where the court believes that immediate custody is not necessary to protect the public or to mark the seriousness of the offence.

Can fraud by false representation result in a suspended sentence?

Fraud by false representation can result in a suspended sentence, but this will depend on the seriousness of the offence and the circumstances of the offender. The court will consider whether the offence is serious enough to warrant a prison sentence, and if so, whether it is appropriate to suspend that sentence. Not all cases of fraud by false representation are treated the same way; the value of the fraud, the level of planning, the impact on victims, and the offender’s personal circumstances all play a role in the decision.

For example, if the fraud involved a relatively small amount of money, was committed on impulse rather than as part of a sophisticated scheme, and the offender has shown genuine remorse and taken steps to make amends, the court may be more likely to consider a suspended sentence. On the other hand, if the fraud was carefully planned, involved a large sum, or caused significant harm to vulnerable victims, the court may decide that only an immediate prison sentence is appropriate.

What factors do courts consider when deciding on a suspended sentence for fraud by false representation?

When deciding whether to impose a suspended sentence for fraud by false representation, courts in England take into account a range of factors.

• The seriousness of the offence is a key consideration, including the amount of money involved, the level of planning and sophistication, and whether the offender abused a position of trust or targeted vulnerable individuals.
• The court will also look at the impact on the victim, such as financial loss, emotional distress, or damage to reputation.
• The offender’s personal circumstances are also important. The court will consider whether the offender has previous convictions, particularly for similar offences, and whether they have shown genuine remorse or made efforts to compensate the victim.
• Evidence of a stable home life, employment, or positive contributions to the community can also be relevant.
• The court may take into account any mental health issues, addiction problems, or other factors that may have contributed to the offending.
• Another important consideration is the likelihood of reoffending. If the court believes that the offender is unlikely to commit further offences and that a suspended sentence would provide sufficient punishment and deterrence, it may be more inclined to suspend the sentence.

How serious does the offence have to be for a prison sentence for fraud by false representation?

Not all cases of fraud by false representation result in a prison sentence. The courts will only impose a custodial sentence if the offence is so serious that neither a fine nor a community order can be justified. The seriousness of the offence is assessed by looking at the value of the fraud, the level of planning, the impact on victims, and any aggravating or mitigating factors.

For example, a one-off incident involving a small amount of money, committed by someone with no previous convictions and who has shown genuine remorse, is less likely to result in a prison sentence. In such cases, the court may consider a community order or a fine. However, if the fraud involved a significant sum, was part of a pattern of offending, or involved a breach of trust, the court may decide that only a prison sentence is appropriate.

What can I do to improve my chances of getting a suspended sentence for fraud by false representation?

If you are facing a charge of fraud by false representation and are concerned about the possibility of a prison sentence, there are steps you can take to improve your chances of receiving a suspended sentence. The most important thing is to seek legal advice from an experienced criminal defence solicitor as early as possible. A solicitor can help you understand the charges, gather evidence in your favour, and present your case in the best possible light.

Demonstrating genuine remorse and taking responsibility for your actions can be persuasive factors in court. If you have made efforts to compensate the victim, such as repaying the money or making amends in other ways, this can also be taken into account. Providing evidence of your personal circumstances, such as stable employment, family responsibilities, or positive contributions to the community, can help to show that you are unlikely to reoffend and that a suspended sentence would be appropriate.

If you have underlying issues such as addiction or mental health problems that contributed to the offence, engaging with support services and showing a commitment to addressing these issues can also be beneficial. The court will want to see that you are taking steps to change your behaviour and reduce the risk of further offending.

Where to get more help

If you are facing a charge of fraud by false representation and are worried about the possibility of a prison sentence, obtain expert legal advice as soon as possible. At Stuart Miller Solicitors, we are highly experienced in defending clients accused of fraud and can provide clear, practical guidance tailored to your situation. Contact us today for a free, confidential consultation.

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16:48 16 Jan 25

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I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:59 25 Jun 24

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11:42 13 Jun 24

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18:52 11 Jun 24

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264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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23:16 24 Apr 24

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Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

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