The Fraud Act 2006 replaced the old, complicated deception offences in the Theft Acts with a single general offence of fraud that can be committed in three ways, plus a separate offence of obtaining services dishonestly. It is part of the property offences in Paper 2 of the 2026–2028 Cambridge A Level Law 9084 syllabus.
The Structure of the Act
Section 1 creates the offence of fraud, which is committed in any of three ways:
- s2 – fraud by false representation
- s3 – fraud by failing to disclose information
- s4 – fraud by abuse of position
Section 11 creates a separate offence of obtaining services dishonestly. A key feature of ss2–4 is that they are conduct crimes: no one needs to actually be deceived and no gain or loss needs to actually happen – the focus is on the defendant’s dishonest conduct and intention.
Section 2: Fraud by False Representation
Actus reus
Making a false representation. A representation is false if it is untrue or misleading. It can be express or implied, about fact or law, or about the state of mind of any person, and can be made to a machine (for example, entering stolen card details online).
Implied representation by conduct is shown in DPP v Ray (1974) (ordering a meal implies an intention to pay) and R v Lambie (1982) (using a credit card represents authority to use it). In R v Idrees (2011), arranging for someone else to sit a driving theory test in your name was a false representation.
Mens rea
- Knowing that the representation is, or might be, untrue or misleading;
- Dishonesty (the Ivey v Genting / Barton and Booth test); and
- Intention to make a gain for himself or another, or to cause loss to another or expose another to a risk of loss.
Section 3: Fraud by Failing to Disclose Information
The defendant dishonestly fails to disclose information which he is under a legal duty to disclose, intending to make a gain or cause a loss. Legal duties can arise from statute, from the terms of a contract, or from a fiduciary relationship – for example, failing to disclose a pre-existing medical condition on an insurance proposal form where the form requires it. A merely moral duty is not enough.
Section 4: Fraud by Abuse of Position
The defendant occupies a position in which he is expected to safeguard, or not act against, the financial interests of another person, and dishonestly abuses that position, intending gain or loss. Typical examples include a carer taking money from an elderly client, or an employee diverting business away from their employer. The abuse can be by an omission as well as an act. In R v Valujevs (2014), the Court of Appeal held the position does not have to be a strict fiduciary one.
Section 11: Obtaining Services Dishonestly
This is a result crime: the defendant must actually obtain services by a dishonest act, knowing that payment is required, and without paying or intending to pay in full. Classic examples are climbing over a wall to watch a concert without a ticket or using a stolen card to get into a paid event.
Sentencing
Fraud under s1 carries a maximum of 10 years’ imprisonment; obtaining services dishonestly under s11 carries a maximum of 5 years.
Evaluation Points
- Strengths: simpler than the old deception offences; covers modern online and machine-based fraud; focuses on dishonest conduct.
- Criticisms: very wide – almost any lie made with intent to gain can be fraud; heavy reliance on the jury’s view of dishonesty; overlaps with theft and other offences.
Fraud is often set alongside theft in scenario questions, so revise it with our guide to the Theft Act 1968 and use the 9084 mark schemes to see how examiners reward application.
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Frequently Asked Questions
Does someone have to be deceived for fraud under s2?
No. Fraud by false representation is a conduct crime; it is committed when the false representation is made with the required mens rea, even if nobody believes it.
What is the difference between s2 fraud and s11 obtaining services dishonestly?
Section 2 requires no result, while s11 requires that services are actually obtained.
Is a moral duty enough for fraud by failing to disclose?
No. Section 3 requires a legal duty to disclose, such as one arising from a contract or statute.
Final Thought
For each fraud offence, learn the actus reus, the mens rea and one clear example. That simple framework is enough to handle most Paper 2 fraud questions confidently.