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Fraud

Fraud Act 2006, s.1, Theft Act 1968, s.17, Common law · Triable either way

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Sentencing framework

The guideline structures sentencing for fraud by determining the offence category based on factors such as culpability and harm. It specifies starting points for different levels of seriousness, allowing adjustments for aggravating and mitigating factors. Offenders are assessed on their previous behavior and impact on victims, guiding courts to impose sentences that reflect both individual circumstances and the broader context of the crime.

Maximum sentence

10 years’ custody

Court

Triable either way

Starting point

7 years’ custody for Category 1 (High culpability)

Offence range

Discharge - 8 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Steps taken to prevent the victim reporting or obtaining assistance
  • ·Attempts to conceal/dispose of evidence
  • ·Established evidence of community/wider impact
  • ·Failure to comply with current court orders
  • ·Offence committed on licence or post sentence supervision

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Serious medical conditions requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity
  • ·Sole or primary carer for dependent relatives
  • ·Offender co-operated with investigation, made early admissions and/or voluntarily reported offending

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — assessing culpability and harm
  3. Step 3 — starting point and category range
  4. Step 4 — adjustments for any aggravating or mitigating factors
  5. Step 5 — reduction for guilty pleas
  6. Step 6 — totality principle
  7. Step 7 — confiscation, compensation and ancillary orders
  8. Step 8 — reasons for the sentence

Guideline notes

  • The court must consider the impact on victims and any relevant public interest factors when determining the sentence.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.