What is the sentence for obtaining money by deception in the UK?

These days, offences relating to financial advantage gained through deception are charged under the Fraud Act 2006. These types of offences are treated more seriously by the courts than the offence of theft, and correspondingly they have more severe punishments attached to them. There are some key differences between fraud and theft offences. One is that fraud does not have to actually result in a material loss to the victim, although cases where a loss has been suffered will be considered more serious when it comes to sentencing. Read on to understand the different types of fraud offences, and the sentence that you could face if you are convicted of a fraud offence.

Is deception a criminal offence in the UK?

Yes, deception for financial gain is a criminal offence, (although it no longer goes by that name). Pursuant to the Theft Act 1968, obtaining property by deception and obtaining pecuniary advantage by deception used to be criminal offences. However, these offences were repealed by the Fraud Act 2006. These offences have therefore now been replaced with the following offences:

• Fraud by false representation (Section 2 Fraud Act)
• Fraud by failing to disclose information (Section 3 Fraud Act)
• Fraud by abuse of position (Section 4 Fraud Act)

Another offence that relates to deception is obtaining services dishonestly, pursuant to Section 11 of the Fraud Act.

The Fraud Act came into force on 15 January 2007. Therefore fraud offences can only be tried in relation to incidents which occurred after this date. If it is uncertain whether the crime occurred before or after January 2007, the CPS can charge both under the Theft Act and alternately under the Fraud Act.

Fraud by false representation

This is where a person:

• Dishonestly – this is not a term that is defined within the Fraud Act. The courts have found that dishonesty should be determined by looking at the defendant’s actual state of knowledge or belief as to the facts, and whether the conduct was dishonest by the objective standards of ordinary, decent people. For the offence to be made out, the current case law is that the defendant does not have to appreciate at the time of the offence that his or her behaviour is dishonest.
• Makes a false representation – a representation is false if it is untrue or misleading and the person making it knows that it is or might be untrue or misleading. A representation could relate to fact or law, including a representation as to the state of mind of the person making the representation or any other person. A representation could be express or implied. A representation does not have to be a verbal statement. It could also include a message submitted via a communication system or device. For example, using false credit card details to communicate with voice activated software.
• Intending by making the representation either to make a gain for himself/herself or another; or cause a loss to another or to expose another to a risk of loss – this includes a gain or loss in money or other property. It could include keeping what you already have or not parting with your current possessions, as well as obtaining new property. The defendant must intend the false representation to cause the gain or loss.

A false representation could include using a stolen document as your own, e.g. a cheque book or a credit card, and pretending that you are the person named on it and entitled to use it. It could also include using your own credit card where you are aware that you have exceeded the credit limit.

When it comes to false representations, sometimes there is a fine line as to whether a matter is a criminal offence or a matter of civil law between the two parties. If you believe that this is a matter that is inappropriate for the police to involve themselves in, e.g. a commercial dispute between two parties, this is something you should discuss with your criminal defence solicitor as it could form the basis of your defence.

Fraud by failing to disclose information

This is where a person:

• Dishonestly
• Fails to disclose to another person – note that ignorance of this duty to disclose is not a defence.
• Information which he is under a legal duty to disclose – whether a legal duty is capable of existing in the circumstances is a matter for the judge. For example, a solicitor/client relationship would be an example of a relationship where a legal duty to disclose clearly exists. Other relationships may be less clear. The judge would then have to direct the jury to decide on whether, on the facts alleged, the relationship giving rise to that duty existed. The offence can still be made out where the defendant fails to disclose some but not all the information.
• And intends, by failing to disclose the information to make a gain for himself or another; or cause loss to another or expose another to a risk of loss

This offence is made out regardless of whether anyone was actually deceived or any property was actually gained or lost.

Fraud by abuse of position

This is where a person:

• Occupies a position in which he or she is expected to safeguard or not to act against the financial interests of another person – this includes directors, trustees, business partners or employees. Often, a fiduciary duty might be an explicit part of the role, but not always.
• And dishonestly
• Abuses that position – this can include an omission to act, as well as a positive act.
• Intending by means of the abuse of that position to make a gain for himself/herself or another or to cause loss to another or expose another to a risk of loss – again, it does not matter whether the defendant actually causes a gain or a loss.

Examples of this offence include:

• Cloning company products with the intention of selling them for profit
• A solicitor who removes money from the firm’s client account for their own use
• A trustee who dishonestly uses his position to act outside of the trust deed in order to make a financial profit

Obtaining services dishonestly

A person is guilty of this offence if they:

• Obtain services for themselves or another – services is not defined within the Fraud Act
• By a dishonest act
• Where the services are made available on the basis that payment has been, is being or will be made
• And they obtain them without any payment having been made or without payment being made in full
• When they obtain them, they know that they are being made available on the basis that they have been, are being, or will be paid for, or they might be, but they do not intend to pay, or do not intend to pay in full

What is the punishment for obtaining money by deception?

• Fraud: Fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position are either way offences. The highest sentence is 8 years’ custody whereas the most lenient sentence is a discharge or a community order. The type of sentence will be determined by looking at the culpability of the offender and the harm caused by the offence.

High culpability offences are ones that involve the offender playing a leading role in offending; the involvement of others through pressure and influence; or the abuse of a position of power, trust, or responsibility. Offences that involve a large number of victims or deliberately target victims based on their vulnerability will also increase culpability.

Harm is principally assessed by the size of the financial loss involved.

For example, a £1 million fraud where the offender played a leading role would have a starting point of 7 years’ custody, whereas a £1000 fraud where the offender was coerced into participating would probably receive a fine or a community order.

• Obtaining services dishonestly: This is also an either way offence. If it is tried summarily (i.e. in the Magistrates’ Court), the maximum sentence is 12 months’ imprisonment or a fine not exceeding the statutory maximum, which is £5000 (or both). If it is tried on indictment (i.e. in the Crown Court) the maximum sentence is imprisonment for a term not exceeding 5 years or an unlimited fine or both.

Where to get further help?

If you have been accused of fraud, it is advisable to seek legal advice immediately. Fraud offences can be complex, and therefore you need a smart and up to date legal team if you want to put forward a robust defence. At Stuart Miller Solicitors, we have the tools to test the prosecution’s evidence and help you put your best foot forwards at court. Whether you require expert evidence or a thorough understanding of technology, our criminal defence team is ready to help you. Take the first step today and contact us for a free consultation.

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11:01 18 Mar 25

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10:59 18 Mar 25

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17:44 04 Mar 25

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12:10 21 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

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16:48 16 Jan 25

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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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16:04 09 Jan 25

I have given Stuart Miller a five-star review for their exceptional responsiveness to feedback and their ability to implement immediate solutions to any issues encountered with their service.This is not to suggest that you will always have an outstanding experience with everyone at the firm, but I can highly recommend Kate. She demonstrated the skill set required to be an excellent solicitor and restored my confidence in Stuart Miller enough to warrant a five-star review for the firm.

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11:32 08 Jan 25

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11:29 07 Jan 25

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15:34 03 Jan 25

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12:25 11 Dec 24

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14:20 10 Dec 24

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13:15 27 Nov 24

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23:28 16 Nov 24

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15:49 12 Nov 24

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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

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N A

14:13 14 Aug 24

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19:53 11 Aug 24

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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

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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.

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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.

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.

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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

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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.

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

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

Abdi shakur Ali

21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

Alby Davis

03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

Keshia

14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

Namna Janapori

06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

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