Criminal Justice Theft and Fraud Offences in UK Law

Leading Cases
  • Stone and Rolls Ltd ((in Liquidation)) v Moore Stephens (A Firm)
    • House of Lords
    • 30 Julio 2009
    ... ... The fraud was discovered and both S&R and Mr Stojevic were ... the parts of which - contract, tort, the criminal law - must be in essential harmony. For the ... the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if ... language of section 2(1)(a) and (b) of the Theft Act 1968. For my part I do not think that the ... of claims by the company for redress for offences committed against the company: Belmont Finance, ... ...
  • R v Preddy
    • House of Lords
    • 10 Julio 1996
    ... ... (ON APPEAL FROM THE COURT OF APPEAL) (CRIMINAL DIVISION) ... 1 OPINIONS ... deception, contrary to section 15(1) of the Theft Act 1968. All three were sentenced to terms of ... to charge a person, accused of a mortgage fraud, with the offence of obtaining property by ... have already recorded, all charged with offences contrary to section 15(1) of the Act of 1968 ... Appeal under section 36 of the Criminal Justice Act 1972 is only available in cases where a ... ...
  • HM Revenue and Customs v Total Network SL
    • House of Lords
    • 12 Marzo 2008
    ... ... trader intra-community, or carousel, fraud. Two questions need to be considered. The first ... provision supplements other common law offences with which the offender may be charged, including ... evasion who are subject to the criminal jurisdiction of the relevant part of the United ... ] AC 435 was in the Court of Session Lord Justice Clerk Aitchison said ( 1940 SC 141 , 155-156): ... 'a crime.' He might give as an example theft, obtaining money by false pretences, or assault ... ...
  • R v Waya (Terry)
    • Supreme Court
    • 14 Noviembre 2012
    ... ... such offenders of the proceeds of their criminal conduct. Its purposes are to punish convicted ... , to deter the commission of further offences and to reduce the profits available to fund ... In the meantime Part VI of the Criminal Justice Act 1988 ("the 1988 Act") had extended the range ... case is one of money lent because of fraud, but subsequently repaid in full and always fully ... deception, contrary to section 15A of the Theft Act 1968, one relating to each of the mortgages ... ...
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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... and Young Persons Act 1933, the Sexual Offences Act 2003, the Street Offences Act 1959, the ... of a surcharge under section 161A of the Criminal Justice Act 2003; ... (c) an unlawful profit ... 4 of the Prevention of Social Housing Fraud Act 2013." ... (4) For subsection (5) ... (3) Conspiracy to defraud ... (4) Theft ... (5) Extortion ... (6) Assault and robbery ... ...
  • The Criminal Legal Aid (Remuneration) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... ) of the document called “Banding of Offences" in the Advocates’ Graduated Fee Scheme (AGFS) \xE2\x80"Justice;“appropriate officer” means—(a) in the case ... ) As aboveRobbery (other than armed robbery) Theft Act 1968, s.8(1) 1968 c. 60Unlawful ... business carried on by a sole trader etc.Fraud Act 2006, s.9As aboveObtaining services ... ...
  • Fraud Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ... ... provision for, and in connection with, criminal liability for fraud and obtaining services ... 12: Liability of company officers for offences by company ... (1) Subsection (2) applies if an ... ) Omit the following provisions—(a) in the Theft Act 1968 (c. 60) —(i) section 15 (obtaining ... Criminal Justice Act 1993 (c. 36) ... (24) (1) In section 1(2) ... ...
  • Theft Act 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ... ... as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against ... 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(1); S.I ... 2003/2908, art. 3(2), Sch. 2 ... Fraud and blackmail ... 15: Obtaining property by ... ...
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Books & Journal Articles
  • Book Review: The Theft Acts
    • No. 69-1, January 1996
    • Police Journal: Theory, Practice and Principles
    ... ... jurisdiction of the Theft Act and other fraud offences (Part I Criminal Justice Act 1993) ... ...
  • Ireland: The Celtic Tiger Bites — The Attack on the Proceeds of Crime
    • No. 4-3, January 2001
    • Journal of Money Laundering Control
    • 253-263
    In 1996 the Irish legislature (the Oireacthas) enacted radical legislation as part of a new initiative to deal with organised crime, and with it a specialist agency, called the Criminal Assets Bure...
    ... ... with it a specialist agency, called the Criminal Assets Bureau, to enforce the new provisions. In ... courts and is wholly outside the criminal justice system.5 However, this is not private litigation, ... Three separate money-laundering offences are created by s. 31 of the Criminal Justice Act ... Accordingly, theft and fraud are covered as well as fiscal offences, ... ...
  • Book Review: Blackstone's Criminal Practice 1995
    • No. 69-1, January 1996
    • Police Journal: Theory, Practice and Principles
    ... ... THE THEFT ACTS, 7th edn, by Edward Griew. Sweet & ... jurisdiction of the Theft Act and other fraud offences (Part I Criminal Justice Act 1993) ... ...
  • Book Review: A Practical Approach to Road Traffic Law
    • No. 69-1, January 1996
    • Police Journal: Theory, Practice and Principles
    ... ... THE THEFT ACTS, 7th edn, by Edward Griew. Sweet & ... jurisdiction of the Theft Act and other fraud offences (Part I Criminal Justice Act 1993) ... ...
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Law Firm Commentaries
  • UK Fraud - An Examination
    • Mondaq United Kingdom
    ... ... as "the quality of being deceitful; criminal deception; the using of false representations to ... Examples of the most common offences that are classed as fraud are as follows: ... cases show that the case of R v Cushion, Justice Williams said that fraud really means no more ... under Theft Act 1968 section 19 ... Obtaining property by ... ...
  • The Fraud Act 2006: Has It Had Any Impact?
    • Mondaq United Kingdom
    ... ... change in the law of criminal fraud since the Theft Act 1968, came ... into ... there were too many specific fraud offences, defined with reference ... to different types of ... which allows justice to be done in each particular case? ... THE ... ...
  • UK corporate criminal liability reform creeps forward
    • JD Supra United Kingdom
    The UK Law Commission is considering whether corporate criminal liability law should be reformed and two weeks ago MPs proposed a new economic crime corporate offence to be included in the Financia...
    ... ... to prosecute a large company for offences such as fraud, conspiracy to defraud, theft, ... was triggered by the UK Ministry of Justice’s 2017 Call for Evidence. Reporting late last ... ...
  • Cum-Ex: A Vision Of The Future For International Fraud Investigations?
    • Mondaq UK
    ...The Cum-Ex scandal has prompted criminal and regulatory ... investigations - and civil law ... Variously described as 'the biggest tax theft in the history ... of Europe and 'the robbery of ... they are located. The Federal Court of Justice in Karlsruhe, the ... highest court in Germany, ... potential domestic offences and defences. Aside from crimes under ... the ... ...
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