Possessing, making or supplying articles for use in fraud

Fraud Act 2006, s.6, Fraud Act 2006, s.7
Effective from: 1 October 2014

Possession of articles for use in frauds

Fraud Act 2006 (section 6)

Triable either way

Maximum: 5 years’ custody Offence range: Band A fine – 3 years’ custody

Making or supplying articles for use in frauds

Fraud Act 2006 (section 7)

Triable either way

Maximum: 10 years’ custody Offence range: Band C fine – 7 years’ custody

User guide for this offence


Step 1 – Determining the offence category

The court should determine the offence category with reference to the tables below. In order to determine the category the court should assess culpability and harm.

The level of culpability is determined by weighing up all the factors of the case to determine the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out.

Culpability demonstrated by one or more of the following:

A – High culpability

  • A leading role where offending is part of a group activity
  • Involvement of others through pressure, influence
  • Abuse of position of power or trust or responsibility
  • Sophisticated nature of offence/significant planning
  • Fraudulent activity conducted over sustained period of time
  • Articles deliberately designed to target victims on basis of vulnerability

B – Medium culpability

  • Other cases where characteristics for categories A or C are not present
  • A significant role where offending is part of a group activity

C – Lesser culpability

  • Performed limited function under direction
  • Involved through coercion, intimidation or exploitation
  • Not motivated by personal gain
  • Opportunistic ‘one-off’ offence; very little or no planning
  • Limited awareness or understanding of extent of fraudulent activity

Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the offender’s culpability.

Harm

This guideline refers to preparatory offences where no substantive fraud has been committed. The level of harm is determined by weighing up all the factors of the case to determine the harm that would be caused if the article(s) were used to commit a substantive offence.

Greater harm

  • Large number of articles created/supplied/in possession
  • Article(s) have potential to facilitate fraudulent acts affecting large number of victims
  • Article(s) have potential to facilitate fraudulent acts involving significant sums
  • Use of third party identities
  • Offender making considerable gain as result of the offence

Lesser harm

  • All other offences