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COULD I GET A SUSPENDED SENTENCE FOR CONSPIRACY TO DEFRAUD?

If you or someone you care about has been accused of conspiracy to defraud, you are likely feeling anxious, confused, and worried about what might happen next. You may be wondering what the charge actually means, what kind of sentence you could receive, and whether there are alternatives to going straight to prison. One option that sometimes arises is a suspended sentence, which can allow you to avoid immediate custody if certain conditions are met. This article will explain, in plain English, what conspiracy to defraud is, what sentences are possible, how suspended sentences work, and what you can do to improve your chances of a favourable outcome. Our aim is to help you understand your situation and take practical steps to protect your future.

What is conspiracy to defraud?

Conspiracy to defraud is a serious criminal offence under English law. It is not set out in a single statute, but is a common law offence, meaning it has developed through decisions made by judges over time. In simple terms, conspiracy to defraud involves an agreement between two or more people to dishonestly deprive someone of money, property, or a financial advantage, or to expose them to a risk of loss, even if the actual loss does not occur.

The key elements are agreement and dishonesty. You do not have to actually carry out the fraud for the offence to be committed; it is enough that you and at least one other person agreed to do so, and that the agreement was dishonest. The prosecution must prove that there was a plan to deceive or cheat someone, and that you were a knowing part of that plan.

For example, if two people agree to submit false invoices to a company in order to obtain money they are not entitled to, that is conspiracy to defraud. Another example might be a group agreeing to use fake documents to obtain loans from a bank. Even if the fraud is never completed, the agreement itself is enough for the offence.

What are the usual sentences for conspiracy to defraud?

Conspiracy to defraud is treated very seriously by the courts. There is no specific maximum sentence set by statute, but the offence can be tried in the Crown Court, where judges have the power to impose lengthy prison sentences and the sentencing guidelines state a maximum of 10 years’ imprisonment for the worst cases. In practice, sentences can range from a community order for less serious cases, up to several years in prison for the most serious conspiracies.

The actual sentence will depend on a range of factors, including the amount of money involved, the level of planning, the number of people involved, and the impact on victims. Not every case results in a prison sentence. For less serious or one-off conspiracies, or where the defendant has a minor role, the court may consider alternatives such as a suspended sentence or a community order. However, for large-scale, organised, or repeated conspiracies, especially those involving significant sums of money or vulnerable victims, immediate custody is much more likely.

What is a suspended sentence and how does it work?

A suspended sentence is a type of prison sentence that does not take effect immediately. Instead, the court imposes a custodial sentence but “suspends” it for a set period, usually between six months and two years. During this time, you are allowed to remain in the community, provided you comply with certain conditions set by the court.

These conditions might include doing unpaid work, attending rehabilitation programmes, observing a curfew, or staying away from certain people or places. If you comply with all the conditions and do not commit any further offences during the suspension period, you will not have to serve the prison sentence. However, if you breach the conditions or commit another offence, the court can “activate” the sentence, meaning you will have to go to prison for the original term, on top of any new sentence.

A suspended sentence is therefore both a punishment and a chance to prove that you can stay out of trouble. It is not a “soft option” and is only available in certain circumstances.

Can conspiracy to defraud result in a suspended sentence?

It is possible for conspiracy to defraud to result in a suspended sentence, but this depends on the seriousness of the offence and your personal circumstances. The court will look at the facts of the case, including the amount of money involved, the level of planning, your role in the conspiracy, and whether you have any previous convictions.

For example, if you played a minor part in a small-scale conspiracy, have no previous convictions, and show genuine remorse, the court may consider suspending your sentence, especially if there are strong personal reasons such as caring responsibilities or health issues. On the other hand, if you were a ringleader in a large, sophisticated fraud, or if the offence caused significant harm to victims, a suspended sentence is much less likely.

Understand that a suspended sentence is not guaranteed, even for first-time offenders. The court must be satisfied that the offence is serious enough to justify a prison sentence, but that there are exceptional reasons why immediate custody can be avoided.

What factors do courts consider when deciding on a suspended sentence for conspiracy to defraud?

When deciding whether to suspend a sentence for conspiracy to defraud, the court will consider a range of factors. The seriousness of the offence is always the starting point. The court will look at the value of the fraud, the level of planning and organisation, and whether there was a breach of trust, such as defrauding an employer or a vulnerable person.

The impact on victims is also crucial. If the conspiracy caused significant financial loss, distress, or hardship, this will weigh against a suspended sentence. The court will also consider your personal circumstances, such as your age, health, family responsibilities, and whether you have any previous convictions.

Remorse and efforts to make amends can make a difference. If you have admitted your involvement, apologised, and taken steps to compensate the victim, the court may be more willing to suspend the sentence. The likelihood of reoffending is another important factor. If you can show that you are unlikely to commit further offences, perhaps because you have addressed underlying issues such as addiction or financial problems, this will be taken into account.

Finally, the court will consider your willingness to comply with the requirements of a suspended sentence, such as attending rehabilitation or doing unpaid work. If you can demonstrate a genuine commitment to turning your life around, this can improve your chances.

How serious does the offence have to be for a prison sentence for conspiracy to defraud?

Not every case of conspiracy to defraud results in a prison sentence. The court will only impose immediate custody if the offence is so serious that no other sentence is appropriate. This usually means cases involving significant sums of money, a high degree of planning, multiple victims, or a breach of trust.

For example, if you were involved in a long-running scheme to defraud a large company out of hundreds of thousands of pounds, or if you targeted vulnerable people, the court is likely to see this as so serious that only a prison sentence will do. On the other hand, if your involvement was limited, the amount of money was small, and you have strong personal mitigation, the court may consider alternatives.

The court will also look at whether you have previous convictions for similar offences. Repeat offenders are much more likely to receive immediate custody. However, even for first-time offenders, the seriousness of the offence can tip the balance towards prison.

What can I do to improve my chances of getting a suspended sentence for conspiracy to defraud?

If you are facing a charge of conspiracy to defraud, there are practical steps you can take to improve your chances of receiving a suspended sentence. The most important is to seek expert legal advice as early as possible. A specialist criminal defence solicitor can help you understand the case against you, gather evidence in your favour, and present your personal circumstances in the best possible light.

Demonstrating genuine remorse is also important. This means accepting responsibility for your actions, apologising to those affected, and showing that you understand the seriousness of the offence. If you can make amends, for example by paying compensation or returning property, this can be a powerful factor in your favour.

Providing evidence of positive personal circumstances can also help. This might include references from employers, proof of stable employment, or evidence of caring responsibilities.

Where to get more help

If you are facing a charge of conspiracy to defraud, take steps to obtain legal advice as soon as possible. At Stuart Miller Solicitors, we have extensive experience in defending clients accused of conspiracy to defraud and other serious offences. We understand how stressful and confusing this time can be, and we are here to guide you through every step of the process. For a free, confidential consultation, contact us today.

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