Fraud Act 2006
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This CPS prosecution guidance outlines the legal framework and charging practices related to offences under the Fraud Act 2006, which includes various forms of fraud such as false representation, failure to disclose information, and abuse of position. It also discusses the overlap with theft and provides key points for drafting charges. The guidance aims to clarify prosecution responsibilities and the elements required for establishing fraud offences under the Act.
Key points
- Prosecutors must analyze the nature of the fraudulent representation.
- Charging should reflect the true criminality of the acts committed.
- The definition of fraud encompasses various forms of dishonesty without requiring actual loss.
- Alternate counts under both the Fraud Act and previous legislation may be necessary in uncertain situations.
- Documentation of the relationship and duty in fraud by failure to disclose is essential for prosecution.
- Fraud offences carry significant penalties, with maximum sentences reaching up to 10 years for certain convictions.
Public-interest factors
- Nature of the fraud and its impact on victims
- Potential to prevent future offences
- Significance of the relationship between the offender and victim
- Nature and extent of harm caused
- Extent to which any gain was made by the offender
- Public interest in maintaining trust in financial systems.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.