COULD I GET A SUSPENDED SENTENCE FOR ONLINE FRAUD?

Accusations of being involved in online fraud are serious and often leave individuals feeling overwhelmed and unsure about what lies ahead. The legal landscape surrounding such allegations is intricate, and the potential repercussions can seem daunting. If you or someone close to you is facing charges related to online fraud, you may be questioning what the offence actually entails, what punishments might be imposed, and whether a suspended sentence could be a realistic outcome. This article aims to demystify the process, explain the relevant legal principles, and provide practical guidance to help you navigate your options with confidence.

What is online fraud?

Online fraud encompasses a wide range of deceptive activities carried out over the internet, typically with the intention of obtaining money, goods, or sensitive information through dishonest means. In the UK, these offences are primarily prosecuted under the Fraud Act 2006, which was enacted to address the evolving nature of digital crime. Online fraud can manifest in various ways, from phishing scams and identity theft to unauthorised transactions and the creation of fake websites.

At its core, online fraud involves using the internet to mislead others for personal gain. This might include impersonating someone else to access their bank account, tricking individuals into revealing confidential information, or orchestrating elaborate schemes to defraud businesses or consumers. Even seemingly minor acts, such as using someone else’s credit card details without permission, can result in criminal charges if done with dishonest intent.

The law recognises several distinct types of fraud, including fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. Each category is defined by specific elements, such as the nature of the deception, the intent behind the act, and the resulting harm. The seriousness of the offence, and the penalties that may follow, depend on factors like the scale of the fraud, the amount of money involved, and the impact on victims.

What are the typical sentences for online fraud offences?

Sentencing for online fraud in the UK varies considerably, reflecting the diverse nature of these crimes. Courts treat online fraud with gravity, particularly when it results in significant financial losses, affects vulnerable individuals, or undermines public trust in digital transactions. For the most egregious cases, custodial sentences of up to ten years are possible, along with substantial fines.

Judges weigh a variety of considerations, such as the extent of the fraud, the defendant’s motivation, the degree of planning involved, and the personal circumstances of the accused. For instance, someone who committed a low-level fraud for the first time and caused minimal harm may receive a more lenient sentence than a repeat offender who orchestrated a complex scam for substantial profit.

Not every conviction for online fraud leads to immediate incarceration. Depending on the facts of the case, the court might impose a community order, a financial penalty, or a suspended sentence. The outcome will hinge on the unique details of the offence and the background of the person involved.

What is a suspended sentence and how does it operate?

A suspended sentence is a form of custodial punishment that is not put into effect straight away. Instead of being sent to prison immediately, the individual is allowed to remain in the community for between six months and two years, assuming they adhere to certain conditions. These requirements might include performing community service, attending rehabilitation or educational sessions, or refraining from engaging in particular activities related to the offence.

If the person complies with all the stipulated conditions and avoids committing further offences during the suspension period, they will not have to serve the prison sentence. Conversely, if they breach the terms or are convicted of another crime during this time, the original sentence can be activated, resulting in imprisonment.

Is a suspended sentence possible for online fraud offences?

It is indeed possible for a court to impose a suspended sentence in cases involving online fraud, depending on the specific circumstances. The judge will assess the seriousness of the offence, the defendant’s previous record, and their prospects for rehabilitation. If the court is convinced that immediate custody is not essential and that the individual poses a low risk of reoffending, a suspended sentence may be considered appropriate.

For example, if the defendant played a minor role in the fraud, has no prior convictions, and has demonstrated genuine remorse, the court may be more inclined to suspend the sentence. On the other hand, if the fraud was sophisticated, caused widespread harm, or was motivated by greed, the chances of receiving a suspended sentence diminish.

What factors influence the court’s decision on a suspended sentence for online fraud offences?

• The scale and complexity of the fraud: Was the offence a single, isolated incident or part of a larger, ongoing scheme? Did it involve multiple victims, sophisticated methods, or attempts to cover up the wrongdoing?
• Financial loss and number of victims: How much money was lost, and how many people or organisations were affected? Was the impact limited to a few individuals, or did it have broader consequences?
• Level of planning and organisation: Was the fraud opportunistic, or did it involve careful preparation and coordination over time?
• Role and responsibility: Was the defendant the mastermind, a key participant, or a minor accomplice? Did they exploit a position of trust, such as working in finance or having access to sensitive information?
• Abuse of trust: Did the offender take advantage of their professional status, personal relationships, or privileged access to commit the fraud?
• Impact on victims: Did the fraud cause significant hardship, distress, or long-term financial or reputational damage to those affected?
• Personal circumstances: Factors such as age, health, family obligations, and previous criminal history are all relevant to the court’s decision.
• Remorse and restitution: Has the defendant acknowledged their wrongdoing, apologised, or made efforts to compensate the victims?
• Risk of reoffending: Is there evidence to suggest that the individual is likely to commit similar offences in the future?
• Ability to comply with conditions: Is the defendant likely to adhere to the requirements of a suspended sentence?

Mitigating factors, such as sincere remorse, cooperation with law enforcement, or steps taken to address underlying issues (like addiction or mental health challenges), can weigh in the defendant’s favour. Conversely, aggravating factors, such as repeated offending, attempts to conceal the fraud, or targeting vulnerable individuals, can make a suspended sentence less likely.

How serious does online fraud have to be for a prison sentence?

Custodial sentences are generally reserved for the most serious instances of online fraud that result in substantial harm. Several factors increase the likelihood of a prison sentence being imposed:

• Significant financial losses: The greater the amount of money lost by victims, the more likely it is that a custodial sentence will be handed down. Large-scale frauds that inflict losses on businesses, public bodies, or individuals are treated with particular severity.
• Targeting vulnerable people or essential services: Exploiting those who are less able to protect themselves, or attacking critical services such as healthcare, utilities, or government agencies, is viewed extremely seriously by the courts.
• Sophisticated or organised operations: Cases involving detailed planning, multiple participants, or the use of advanced technology often indicate a higher level of culpability and intent.
• Previous convictions: A history of dishonesty, fraud, or similar offences demonstrates a pattern of behaviour and significantly increases the likelihood of a custodial sentence.

In addition to these factors, the court will also consider the overall impact of the fraud, including not only the financial loss but also the emotional distress suffered by victims and the damage to public confidence in online transactions.

If the offence was genuinely out of character, the financial impact was relatively minor, or there are compelling personal circumstances (such as serious illness, a genuine effort to make amends, or a lack of understanding of the full consequences of the actions), the court may consider alternatives to imprisonment.

How can I improve my chances of receiving a suspended sentence for online fraud offences?

• Obtain specialist legal advice as soon as possible: An experienced solicitor can help you understand the charges, develop a strong defence, and present your case in the most favourable light.
• Accept responsibility and express remorse: Courts are more likely to show leniency if you admit your wrongdoing and demonstrate genuine regret for your actions.
• Make efforts to compensate victims: Where feasible, return any funds or assist in recovering losses. Showing a willingness to make restitution can be persuasive.
• Collect character references: Letters from employers, community figures, or family members can help establish that the offence was out of character and that you have a strong support network.

Where to find further support

Facing criminal proceedings for online fraud can be an intimidating and isolating experience, especially given the technical nature of the allegations and the potential consequences. If you or someone you care about is in this position, remember that early intervention can have a significant impact on the outcome of your case. Reach out to the expert team at Stuart Miller Solicitors today for advice on your next steps and to begin building your defence.

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11:44 02 Jul 25

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12:10 21 Feb 25

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11:09 11 Feb 25

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13:26 04 Feb 25

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10:06 28 Jan 25

Mohammed zeb is the best he really fought for my case they wanted me to go to prison but his persuasive talking saved me

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

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13:29 16 Jan 25

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12:22 13 Jan 25

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13:53 10 Jan 25

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11:32 08 Jan 25

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12:18 06 Jan 25

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11:51 04 Jan 25

When i was charged with something i did not do, I knew I needed the best help I could get. Victoria and Savannah didn’t let me down. They knew exactly what they were doing and were by my side the whole time. They managed to get my charges dropped.

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15:34 03 Jan 25

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14:46 03 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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14:20 10 Dec 24

I have had the pleasure of working with Stuart Miller Solicitors on several occasions over the years, and each experience has been outstanding. Their team is made up of highly skilled and experienced criminal justice attorneys who have a deep understanding of the law. A big differentiating factor is their degree of handiness in dealing with such pressing cases, thus, readily offering direction even when the issues are hard to crack.

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13:15 27 Nov 24

Mohammed Zeb represented a family member today in court very knowledgeable and professional in a highly complex case managed to get us a positive outcome.

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23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

Javs

15:49 12 Nov 24

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

Edan Lungo-Osman

11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

Honestly the best! Helped me so much out with a potential speeding conviction. I’m so glad I came across this company. Can’t fault them at all! So helpful and I’m very grateful for all the advice offered.

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15:43 11 Oct 24

Brilliant service! Great team and very efficient. Couldn’t have asked for a better service and would highly recommend. Rob is very efficient in his work, always keeps communication and let’s you know the steps, he’s very helpful in terms of other worries within a case and gives great advice on any matter.

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

N A

14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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19:53 11 Aug 24

Help me with some very important stuff thank you very much

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09:14 10 Aug 24

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11:35 06 Aug 24

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17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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16:59 11 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

Davut Bilgen

18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

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.

Souad Ghailan

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

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

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.

Jakub Nowakowski

11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

09:45 14 May 24

Kiran was exceptional in handling our case. Right from the outset, she instilled a sense of calm, demonstrating a high level of professionalism and providing invaluable assistance in swiftly resolving matters. I wholeheartedly endorse their services and would highly recommend Stuart Miller Solicitors.Kiran's commitment, support, and professionalism were beyond what we could have asked for

Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

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.

Samanda Jashari

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.

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