Blackstone's Guide to the Fraud Act 2006Paperback Blackstone's Guide
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- Publisher: Oxford University Press
- Format: Paperback | 296 pages
- Dimensions: 156mm x 230mm x 18mm | 440g
- Publication date: 24 May 2007
- Publication City/Country: Oxford
- ISBN 10: 0199296243
- ISBN 13: 9780199296248
- Illustrations note: black & white illustrations
- Sales rank: 896,280
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Fraud Act 2006 creates a new general offence of fraud with a maximum custodial sentence of ten years; replacing all previous deception offences as detailed under the Theft Acts 1968-1996. This new offence can be committed in three ways; - By false representation - By failing to disclose information - By abuse of position The Act also creates new offences of obtaining services dishonestly, and replaces the existing 'going equipped' offence, to criminalise the act of possessing or making material for use in frauds. This new Blackstone's Guide provides the full text of the Fraud Act 2006 and extracts from related relevant legislation, together with expert narrative. The authors provide detailed and practical commentary logically following the structure of the Act, on the effect of the legislation, its probable interpretation, and its impact on the existing law of dishonesty.
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Nicholas Yeo (call 1999) is a general criminal practitioner with particular expertise in fraud and extradition.
Table of contents
1. Introduction ; The Main Provisions of the Fraud Act 2006 ; Drivers behind the New Fraud Law ; Chronology of the Passage of the Fraud Bill through Parliament ; Possible Ways of Criminalizing Fraudulent Conduct ; The New Offences Introduced by the Fraud Act 2002 ; Conclusion ; 2. Fraud ; Overview ; Common Elements ; Fraud by False Representation (section 2) ; Fraud by Failing to Disclose Information (section 3) ; Fraud by Abuse of Position (section 4) ; 3. Agreements to Commit Fraud ; Overview ; Statutory Conspiracy to Committ Fraud ; Common Law Conspiracy to Defraud ; Limitations on the Use of Conspiracy to Defraud ; Conduct that Can More Effectively be Prosecuted as Conspiracy to Defraud ; Conduct that Can Only be Prosecuted as Conspiracy to Defraud ; Fraudulent Conduct Covered by Statutory Offences ; 4. Acts Preparatory to Fraud ; Overview ; Attempted Fraud ; Going Equipped ; Articles for Use in Fraud ; 5. Participating in Fraudulent Business ; Summary of the New Offence ; History of Fraudulent Trading Offences ; The New Offence ; Summary ; 6. Obtaining Services Dishonestly ; Overview ; Background ; Ingredients of the New Offence ; Principles Established by Case Law ; 7. Procedural Matters ; Jurisdiction ; Liability of Company Officers ; Evidential Matters ; Penalties ; 8. Fraud not Covered by the Fraud Act ; Theft ; Fraud Offences Preserved ; Money Laundering ; Cheating the Revenue ; Forgery and Counterfeiting ; Miscellaneous Provisions ; 9. Fraud Management and the Future of Fraud Trials ; Introduction ; Management of Fraud Trials ; Reforming the Approach to Fraud ; APPENDICES ; Appendix 1: Fraud Act 2006 ; Appendix 2: Pre-Legislative Material ; Appendix 3: The Fraud Protocol: Control and Management of Heavy Fraud and Other Complex Criminal Cases ; Appendix 4: Guidance on the Use of the Common Law Offence of Conspiracy to Defraud ; Appendix 5: Criminal Justice Act 1993 ; Appendix 6: Other Fraud Legislation ; Appendix 7: Criminal Procedure Rules on Case Management (Parts 1 and 3) ; Appendix 8: Preparatory Hearings ; Appendix 9: Sample Indictments