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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR FRAUD BY FALSE REPRESENTATION?

There were approximately 3,000 recorded offences of fraud by false representation in the UK in 2023. If you find yourself arrested or charged with this offence understand your rights and the steps you should take as soon as possible. This article aims to provide clear answers to common questions and can help alleviate some of the stress and uncertainty you may be feeling.

Do I need a solicitor for fraud by false representation?

Fraud by false representation is a serious criminal offence in the UK, covered under the Fraud Act 2006. If you are facing charges of fraud by false representation, it can be quite alarming and challenging to navigate the legal process on your own. Seeking the assistance of a criminal defence solicitor is highly advisable for several important reasons.

  • Firstly, a criminal defence solicitor can help you understand the specific allegations against you. Fraud by false representation involves knowingly making a false representation intending to make a gain for oneself or another, or to cause loss to another or to expose another to risk of loss.
  • Secondly, having a solicitor means you have a professional who can thoroughly review the evidence against you. They can scrutinise the prosecution’s case, identify any weaknesses, and gather evidence that may support your defence.
  • A solicitor can also guide you through the legal proceedings, from the initial police interviews to appearing in court. If you are arrested, your solicitor can be present during questioning to ensure that your rights are protected and that you do not inadvertently say anything that could harm your case.

What are possible defences for fraud by false representation?

Part of preparing a solid defence strategy is understanding the possible defences available to you.

  • One potential defence is to argue that there was no dishonesty involved in your actions. The prosecution must prove that you acted dishonestly, and this often involves showing that your behaviour would be considered dishonest by the ordinary standards of reasonable and honest people, and that you were aware that your conduct would be considered dishonest by those standards.
  • Another defence is to demonstrate that there was no false representation. A false representation involves conveying information that is untrue or misleading. If you can provide evidence that the representation you made was true, or that you genuinely believed it to be true, you may be able to dispute the charge.
  • Additionally, you might argue that you did not intend to cause any gain or loss. The prosecution must establish that your intention was to make a gain for yourself or another, or to cause a loss to another or expose them to a risk of loss. If your actions were not motivated by such intentions, or if you can show that any gain or loss was incidental and not a result of fraudulent intent, this could serve as a defence.

Will I get bail for fraud by false representation?

When a court decides whether to grant bail, it considers various elements that could influence your likelihood of appearing at future court dates, as well as the risk you might pose to the public. In the context of fraud by false representation charges, the court will look at:

  • The seriousness of the charge and the potential sentence if convicted.
  • Whether you have a history of not attending court dates or evading the legal process.
  • Your past criminal record, especially if it includes similar offences.
  • Evidence that might show a risk of you committing further crimes if released.
  • Whether you have a stable place to live and strong community ties that suggest you are less likely to flee.

In fraud cases, where the alleged crime often involves deceit and financial gain, the court might have particular concerns about the potential for you to interfere with witnesses or tamper with evidence.

Will I have to go to court if I’m arrested or charged for fraud by false representation?

Because of the nature of the offence of fraud by false representation, most cases will require some form of court proceedings to resolve the matter. However, other possibilities exist:

  1. Out-of-Court Settlement: In some instances, it might be possible to resolve the matter without going to court. This scenario generally applies if the charge is relatively minor, and both parties can come to an amicable settlement. However, this is fairly uncommon for fraud cases, as fraud is often prosecuted vigorously due to the intention and deceit involved.
  2. Magistrates’ Court: If your case is less severe, it might be handled in a Magistrates’ Court. These courts handle ‘summary offences’ and some ‘either way’ offences, which are less serious. In such cases, attending court is usually mandatory, but the proceedings are generally less complex than those in a Crown Court, so it may not feel as daunting as the Crown Court.

Will I go to jail if found guilty of fraud by false representation?

The likelihood of a custodial sentence depends on several factors:

  • The seriousness of the fraud is a key factor. The courts will consider the amount of money or value of property involved. Larger sums could result in harsher sentences. For instance, defrauding a company out of thousands of pounds will be treated more severely than a smaller-scale fraud.
  • The courts will take into account whether the fraud was a one-off incident or part of a larger, more sophisticated scheme. Repeat offenders or those involved in complex and ongoing fraud schemes are more likely to receive a prison sentence.
  • The impact on the victim is another crucial consideration. If the fraud has caused significant financial or emotional harm to the victim, the court is more likely to impose a tougher penalty.
  • Your personal circumstances and background will also be taken into account. This includes any previous convictions, your age, and whether you have shown remorse and willingness to make amends. Those with a clean criminal record and who demonstrate genuine remorse might receive a more lenient sentence.

Will I go to jail if it’s my first offence of fraud by false representation?

For a first-time offender, imprisonment is not always the automatic outcome. Magistrates and judges take several factors into account when deciding on a sentence:

  • Value of the Fraud: The amount of money or value of goods involved. Higher values are more likely to result in harsher penalties.
  • Sophistication of the fraud: More complex or well-planned schemes may be viewed more seriously.
  • Duration: Longer-running frauds typically attract more severe sentences.
  • Impact on Victims: The extent of harm caused to individuals or businesses affected.
  • Mitigating Factors: Personal circumstances, remorse, cooperation with authorities, and attempts to make amends.
  • Previous Good Character: A clean record can work in your favour.

While jail time is possible even for first offences, alternatives such as suspended sentences, community orders, or fines may be considered, especially for lower-value frauds. However, fraud by false representation is a serious offence, and custodial sentences are not uncommon, particularly for cases involving substantial sums or significant harms.

Can I get Legal Aid for fraud by false representation?

Legal Aid is a government-funded programme designed to help those who cannot afford to pay for legal representation and advice on their own. If you are facing charges of fraud by false representation, you may be wondering whether you are eligible for Legal Aid to cover the cost of a criminal defence solicitor. This is an important consideration, as appropriate legal representation can significantly impact the outcome of your case.

To determine if you qualify for Legal Aid, several factors are taken into account.

  • Firstly, there is a means test, which assesses your financial situation. This includes examining your income, savings, and whether you receive certain benefits.
  • Secondly, there is a merits test, which considers the merits of your case and whether it is in the interests of justice for you to receive Legal Aid.

The criteria are complicated, and you must pass both tests in order to secure Legal Aid. For more information, please contact a criminal defence solicitor, who will be able to explain your options in more detail.

Where to get more help

Facing criminal charges or undergoing a trial can be an incredibly stressful and confusing experience, but you do not have to navigate this journey alone. Engaging an experienced criminal defence solicitor can make all the difference in ensuring your rights are protected and achieving the best possible outcome for your case. Every situation is unique, and professional legal guidance is crucial to understanding your options and building a strong defence. For expert advice and dedicated support, don’t hesitate to get in touch with Stuart Miller Solicitors today.

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