Visiting Forces Act 1952
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RE-VISITING the FRAUD ACT 2006 – a STEP TOO FAR? Hannah Willcocks
RE-VISITING THE FRAUD ACT 2006 – A STEP TOO FAR? Hannah Willcocks Brought into force on 15th January 2007,1 the Fraud Act 2006 (‘the Act’) has now been part of the criminal law of England and Wales for over 12 years. Through the introduction of a new general offence of fraud, its aim was to improve the law by making it: a. more comprehensible to juries, especially in serious fraud trials; b. a useful tool in effective prosecutions; c. simpler and therefore fairer; and d. more flexible so able to encompass all forms of fraud 2 and “deal with developing technology”.3 Following the Act’s implementation, it has generally4 been accepted5 that the Act has managed to overcome the vast majority of the difficulties previously encountered with the old offences of deception.6 In 2012, in its Post-Legislative Assessment of the Fraud Act 2006, the Ministry of Justice (‘MoJ’) concluded that the aims and objectives of the 1 The Fraud Act 2006 (Commencement) Order 2006 (SI 2006/3200). 2 Law Commission, Fraud (Law Com No 276, Cm 5560, 2002), para 1.6. 3 Home Office, Fraud Law Reform: Consultation on Proposals for Legislation (2004) p. 5. 4 For a contrary view see Anthony Arlidge QC, Jonathan Fisher QC, Alexander Milne QC and Polly Sprenger, Arlidge and Parry on Fraud (5th edn, Sweet & Maxwell 2016) 44, para 3-005. 5 See e.g. Simester and Sullivan’s Criminal Law, Theory and Doctrine (5th edn, Hart Publishing Ltd 2013) 610; Andrew Ashworth & Jeremy Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) 405; Carol Withey ‘The Fraud Act 2006 – some early observations and comparisons with the former law’ (2007) 71(3) Journal of Criminal Law, 220 – 237, 228 – 236; Nicholas Yeo, ‘Bull’s-Eye’, 157 NLJ 212 & 418. -
Think Box 13.5
Loveless, Allen, and Derry: Complete Criminal Law 7e, Chapter 13 Thinking Point 13.1 Has D committed fraud by false representation under s2 Fraud Act 2006? An auction house sells a painting by Picasso, believing it to be genuine. It turns out to be a forgery. Do they have MR for s2? Answer guidance 1. AR: False representation MR: Knowledge that the representation is false, dishonesty and intention to make a gain/loss/risk loss to another. Any auction house will always harbour a suspicion about the authenticity of art. They will therefore know that their representation might be false. But in the absence of dishonesty, assessed objectively (Ivey) they will lack MR. Thinking Point 13.2 D applies for foreign travel insurance for a forthcoming holiday and deliberately fails to disclose a recent operation involving major surgery. Whilst on holiday, her condition deteriorates and she requires expensive medical treatment. She submits a claim for this under the insurance policy. Has she committed fraud under s3? Answer guidance Yes. Any type of insurance contract is one of ‘utmost good faith’ and D will have both a contractual and also a criminal duty to disclose relevant information. The presence of dishonesty and intent to make a gain/cause loss/expose another to risk of loss will secure conviction under s1. Dishonesty is assessed objectively. Thinking Point 13.3 Has D committed fraud under s4? 1. D, a Citizen’s Advice Bureau adviser, professing to offer free advice and assistance, obtains compensation of £5000 on behalf of an elderly client for whom she had taken legal proceedings. -
Common Law Fraud Liability to Account for It to the Owner
FRAUD FACTS Issue 17 March 2014 (3rd edition) INFORMATION FOR ORGANISATIONS Fraud in Scotland Fraud does not respect boundaries. Fraudsters use the same tactics and deceptions, and cause the same harm throughout the UK. However, the way in which the crimes are defined, investigated and prosecuted can depend on whether the fraud took place in Scotland or England and Wales. Therefore it is important for Scottish and UK-wide businesses to understand the differences that exist. What is a ‘Scottish fraud’? Embezzlement Overview of enforcement Embezzlement is the felonious appropriation This factsheet focuses on criminal fraud. There are many interested parties involved in of property without the consent of the owner In Scotland criminal fraud is mainly dealt the detection, investigation and prosecution with under the common law and a number where the appropriation is by a person who of statutory offences. The main fraud offences has received a limited ownership of the of fraud in Scotland, including: in Scotland are: property, subject to restoration at a future • Police Service of Scotland time, or possession of property subject to • common law fraud liability to account for it to the owner. • Financial Conduct Authority • uttering There is an element of breach of trust in • Trading Standards • embezzlement embezzlement making it more serious than • Department for Work and Pensions • statutory frauds. simple theft. In most cases embezzlement involves the appropriation of money. • Crown Office and Procurator Fiscal Service. It is important to note that the Fraud Act 2006 does not apply in Scotland (apart from Statutory frauds s10(1) which increases the maximum In addition there are a wide range of statutory Investigating fraud custodial sentence for fraudulent trading to offences which are closely related to the 10 years). -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201
STATES OF JERSEY r DRAFT ARMED FORCES (OFFENCES AND JURISDICTION) (JERSEY) LAW 201- Lodged au Greffe on 6th June 2017 by the Minister for Home Affairs STATES GREFFE 2017 P.51 DRAFT ARMED FORCES (OFFENCES AND JURISDICTION) (JERSEY) LAW 201- European Convention on Human Rights In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Minister for Home Affairs has made the following statement – In the view of the Minister for Home Affairs, the provisions of the Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201- are compatible with the Convention Rights. Signed: Deputy K.L. Moore of St. Peter Minister for Home Affairs Dated: 2nd June 2017 Page - 3 ◊ P.51/2017 REPORT The proposed Armed Forces (Offences and Jurisdiction) (Jersey) Law 201- (“the proposed Law”) makes provision for the treatment of British armed forces and those visiting from other countries when they are in Jersey, particularly in relation to discipline and justice. The proposed Law also establishes appropriate powers for the Jersey police and courts in relation to deserters and others, creates civilian offences in relation to the armed forces, protects the pay and equipment of the armed forces from action in Jersey courts, and enables the States Assembly by Regulations to amend legislation to provide for the use of vehicles and roads by the armed forces. Background The United Kingdom Visiting Forces Act 1952 was introduced in order to make provision with respect to naval, military and air forces of other countries visiting the United Kingdom, and to provide for the apprehension and disposal of deserters or absentees without leave in the United Kingdom from the forces of such countries. -
Southampton Student Law Review 2014 Volume 4, Issue 1
Southampton Student Law Review 2014 volume 4, issue 1 1 Southampton Student Law Review Southampton Law School Published in the United Kingdom By the Southampton Student Law Review Southampton Law School University of Southampton SO17 1BJ In affiliation with the University of Southampton, Southampton Law School All rights reserved. Copyright© 2014 University of Southampton. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the Southampton Student Law Review and the author, to whom all requests to reproduce copyright material should be directed, in writing. The views expressed by the contributors are not necessarily those of the Editors of the Southampton Student Law Review. Whilst every effort has been made to ensure that the information contained in this journal is correct, the Editors do not accept any responsibility for any errors or omissions, or for any resulting consequences. © 2014 Southampton Student Law Review www.southampton.ac.uk/law/lawreview ISSN 2047 - 1017 This volume should be cited (2014) 4(1) S.S.L.R. Editorial Board 2014 Editors-in-Chief Elizabeth Herbert Ida Petretta Editorial Board Neil Brown Louise Cheung Dingjing (James) Huang Ebenezer Laryea Henry Pearce Viktor Weber Acknowledgements The Editors wish to thank our academic advisor Professor Oren Ben-Dor for his advice, commitment and support The Editors also wish to thank all members -
Legislative Competence) (Health and Health Services) Order 2011
WALES OFFICE PRE-LEGISLATIVE SCRUTINY OF THE PROPOSED NATIONAL ASSEMBLY FOR WALES (LEGISLATIVE COMPETENCE) (HEALTH AND HEALTH SERVICES) ORDER 2011 WALES OFFICE PRE-LEGISLATIVE SCRUTINY OF THE PROPOSED NATIONAL ASSEMBLY FOR WALES (LEGISLATIVE COMPETENCE) (HEALTH AND HEALTH SERVICES) ORDER 2011 Presented to Parliament by the Secretary of State for Wales by Command of Her Majesty January 2011 Cm 7992 £9.75 © Crown copyright 2011 You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government- licence/ or write to the Information Policy Team, The National Archives, Kew, London, TW9 4DU or e-mail: [email protected]. Any enquiries regarding this publication should be sent to us at [email protected] This publication is also available on http://www.official-documents.gov.uk/ ISBN: 9780101799225 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002409260 01/11 Printed on paper containing 75% recycled fibre content minimum. MINISTERIAL FOREWORD By the Secretary of State for Wales The Rt. Hon. Cheryl Gillan MP Proposed Order in Council on Health and Health Services Legislative Competence Orders (LCOs) are Orders in Council made under section 95 of the Government of Wales Act 2006 (the “2006 Act”) which confer legislative competence on the National Assembly for Wales. This proposed LCO is part of the Welsh Assembly Government’s legislative programme for 2010-11, announced by the First Minister, the Rt. -
Crime (International Co-Operation) Act 2003
Source: http://www.legislation.gov.uk/ukpga/2003/32 Crime (International Co-operation) Act 2003 2003 CHAPTER 32 An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes. [30th October 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 MUTUAL ASSISTANCE IN CRIMINAL MATTERS CHAPTER 1 MUTUAL SERVICE OF PROCESS ETC. Service of overseas process in the UK 1Service of overseas process (1)The power conferred by subsection (3) is exercisable where the Secretary of State receives any process or other document to which this section applies from the government of, or other authority in, a country outside the United Kingdom, together with a request for the process or document to be served on a person in the United Kingdom. (2)This section applies— (a)to any process issued or made in that country for the purposes of criminal proceedings, (b)to any document issued or made by an administrative authority in that country in administrative proceedings, (c)to any process issued or made for the purposes of any proceedings on an appeal before a court in that country against a decision in administrative proceedings, (d)to any document issued or made by an authority in that country for the purposes of clemency proceedings. -
The Queen on the Application of Mrs Dianne Pretty (Appellant) V Director of Public Prosecutions (Respondent) and Secretary of State for the Home Department
House of Lords Judgments - The Queen on the Application of Mrs Dianne Pretty (Appellant) v Director of Public Prosecutions (Respondent) and Secretary of State for the Home Department (Interested Party) HOUSE OF LORDS Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hobhouse of Wood-borough Lord Scott of Foscote OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE THE QUEEN ON THE APPLICATION OF MRS DIANNE PRETTY (APPELLANT) v. DIRECTOR OF PUBLIC PROSECUTIONS (RESPONDENT) AND SECRETARY OF STATE FOR THE HOME DEPARTMENT (INTERESTED PARTY) ON 29 NOVEMBER 2001 [2001] UKHL 61 LORD BINGHAM OF CORNHILL My Lords, 1. No one of ordinary sensitivity could be unmoved by the frightening ordeal which faces Mrs Dianne Pretty, the appellant. She suffers from motor neurone disease, a progressive degenerative illness from which she has no hope of recovery. She has only a short time to live and faces the prospect of a humiliating and distressing death. She is mentally alert and would like to be able to take steps to bring her life to a peaceful end at a time of her choosing. But her physical incapacity is now such that she can no longer, without help, take her own life. With the support of her family, she wishes to enlist the help of her husband to that end. He himself is willing to give such help, but only if he can be sure that he will not be prosecuted under section 2(1) of the Suicide Act 1961 for aiding and abetting her suicide. Asked to undertake that he would not under section 2(4) of the Act consent to the prosecution of Mr Pretty under section 2(1) if Mr Pretty were to assist his wife to commit suicide, the Director of Public Prosecutions has refused to give such an undertaking. -
A New Homicide Act for England and Wales?
The Law Commission Consultation Paper No 177 (Overview) A NEW HOMICIDE ACT FOR ENGLAND AND WALES? An Overview The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC, FBA Mr Stuart Bridge Dr Jeremy Horder Professor Martin Partington CBE The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This overview, completed on 28 November 2005, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. For those who are interested in a fuller discussion of the law and the Law Commission's proposals, our formal consultation paper is accessible from http://www.lawcom.gov.uk/murder.htm, or you can order a hard copy from TSO (www.tso.co.uk). The Law Commission would be grateful for comments on its proposals before 13 April 2006. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. All responses will be treated as public documents in accordance with the Freedom of Information Act 2000, and may be made available to third parties. -
Framing Youth Suicide in a Multi-Mediated World: the Construction of the Bridgend Problem in the British National Press
City Research Online City, University of London Institutional Repository Citation: Akrivos, Dimitrios (2015). Framing youth suicide in a multi-mediated world: the construction of the Bridgend problem in the British national press. (Unpublished Doctoral thesis, City University London) This is the accepted version of the paper. This version of the publication may differ from the final published version. Permanent repository link: https://openaccess.city.ac.uk/id/eprint/13648/ Link to published version: Copyright: City Research Online aims to make research outputs of City, University of London available to a wider audience. Copyright and Moral Rights remain with the author(s) and/or copyright holders. URLs from City Research Online may be freely distributed and linked to. Reuse: Copies of full items can be used for personal research or study, educational, or not-for-profit purposes without prior permission or charge. Provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. City Research Online: http://openaccess.city.ac.uk/ [email protected] FRAMING YOUTH SUICIDE IN A MULTI-MEDIATED WORLD THE CONSTRUCTION OF THE BRIDGEND PROBLEM IN THE BRITISH NATIONAL PRESS DIMITRIOS AKRIVOS PhD Thesis CITY UNIVERSITY LONDON DEPARTMENT OF SOCIOLOGY SCHOOL OF ARTS AND SOCIAL SCIENCES 2015 THE FOLLOWING PARTS OF THIS THESIS HAVE BEEN REDACTED FOR COPYRIGHT REASONS: p15, Fig 1.1 p214, Fig 8.8 p16, Fig 1.2 p216, Fig 8.9 p17, Fig -
Courts-Martial (Appeals) Act 1968 Is up to Date with All Changes Known to Be in Force on Or Before 05 May 2021
Status: This version of this Act contains provisions that are prospective. Changes to legislation: Courts-Martial (Appeals) Act 1968 is up to date with all changes known to be in force on or before 05 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Courts-Martial (Appeals) Act 1968 1968 CHAPTER 20 An Act to consolidate the Courts-Martial (Appeals) Act 1951 and the enactments amending it, including so much of the Administration of Justice Act 1960 as provides an appeal from the Courts-Martial Appeal Court to the House of Lords. [8th May 1968] Modifications etc. (not altering text) C1 Act: Power to amend conferred (prosp.) by 2001 c. 19, ss. 30(4)(e), 39(2) C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 C3 Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1 C4 Act: power to amend conferred (25.8.2006) by Armed Forces Act 2001 (c. 19), ss. 30(4)(e), 39(2); S.I. 2006/2309, art. 2 C5 Act modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 268(5), 383(2) (with s. 271(1)); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I.