Fraud as defined in the Fraud Act 2006

Need to know

What you need to know

• The Fraud Act 2006 creates one offence of fraud, committed in three distinct ways (s.2, s.3, s.4).
• The mens rea for all three types of fraud requires both dishonesty and an intention to make a gain or cause a loss.
• Dishonesty is assessed using the objective test from *Ivey v Genting Casinos*.
• 'Gain' and 'loss' are defined in s.5 and are limited to money or other property.

Explanation

Fraud as defined in the Fraud Act 2006

1. The Fraud Act 2006 creates one offence of fraud, committed in three distinct ways (s.2, s.3, s.4).
2. The mens rea for all three types of fraud requires both dishonesty and an intention to make a gain or cause a loss.
3. Dishonesty is assessed using the objective test from *Ivey v Genting Casinos*.
4. 'Gain' and 'loss' are defined in s.5 and are limited to money or other property.