What UK Fraud Act 2006 - Section 2 Fraud by False Representation requires
Section 2 of the Fraud Act 2006 (UK) defines the offence of fraud by false representation. Subsection (1) provides that a person is in breach of this section if he (a) dishonestly makes a false representation, and (b) intends, by making the representation, (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. Subsection (2) provides that a representation is false if (a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading. Subsection (3) provides that 'representation' means any representation as to fact or law, including a representation as to the state of mind of (a) the person making the representation, or (b) any other person. Subsection (4) provides that a representation may be express or implied. Subsection (5) provides that for the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). Section 2 is the most commonly charged of the three Fraud Act 2006 offences and is the gateway offence in most consumer, financial, identity, and online fraud prosecutions; it expressly catches representations made to automated systems, making it directly applicable to machine-to-machine and agentic fraud scenarios. The section extends to England and Wales and Northern Ireland.
Pillar: Legal & IP Sovereignty · Authority: UK Parliament / Crown Prosecution Service · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2006/35/section/2
SHA-256 integrity: 358a9299ba075650875713ad190a5173b83b5cf868ad8fba74a8f4a041535581
Primary Citations — 8 traced to source
- Fraud Act 2006, section 2 (Fraud by false representation) - statutory text at https://www.legislation.gov.uk/ukpga/2006/35/section/2
- Fraud Act 2006, section 2(1) - dishonesty plus intent to make a gain or cause loss or expose another to a risk of loss
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