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Blackstone's Guide to the Fraud Act 2006 [Pehme köide]

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  • Formaat: Paperback / softback, 296 pages, kõrgus x laius x paksus: 230x150x15 mm, kaal: 451 g
  • Sari: Blackstone's Guide
  • Ilmumisaeg: 29-Mar-2007
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199296243
  • ISBN-13: 9780199296248
Teised raamatud teemal:
Blackstone's Guide to the Fraud Act 2006Suurem pilt
  • Formaat: Paperback / softback, 296 pages, kõrgus x laius x paksus: 230x150x15 mm, kaal: 451 g
  • Sari: Blackstone's Guide
  • Ilmumisaeg: 29-Mar-2007
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199296243
  • ISBN-13: 9780199296248
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780199296248.html
Märksõnad:
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Fraud Act 2006 creates a new general offence of fraud with a maximum custodial sentence of ten years; replacing all previous deception offences as detailed under the Theft Acts 1968-1996. This new offence can be committed in three ways;

- By false representation - By failing to disclose information - By abuse of position

The Act also creates new offences of obtaining services dishonestly, and replaces the existing 'going equipped' offence, to criminalise the act of possessing or making material for use in frauds. This new Blackstone's Guide provides the full text of the Fraud Act 2006 and extracts from related relevant legislation, together with expert narrative. The authors provide detailed and practical commentary logically following the structure of the Act, on the effect of the legislation, its probable interpretation, and its impact on the existing law of dishonesty.
Foreword xv
Table of Cases
xix
Table of Legislation
xxiii
Introduction
The Main Provisions of the Fraud Act 2006
1(1)
Drivers behind the New Fraud Law
2(16)
The Fraud Review of July 2006
5(2)
UK International Obligations
7(1)
Extent of the Fraud Problem
8(1)
Pre-1968 Jurisprudence Reflected in the Fraud Act 2006
9(5)
Problems with the Theft Act 1968
14(4)
Chronology of the Passage of the Fraud Bill through Parliament
18(1)
Possible Ways of Criminalizing Fraudulent Conduct
19(3)
The New Offences Introduced by the Fraud Act 2006
22(19)
Dishonestly Obtaining Services
28(1)
Possessing, Making or Supplying Articles for Use in Frauds
29(1)
Fraudulent Trading by Sole Trader
30(2)
The Controversial Decision to Retain the Common Law Offence of Conspiracy to Defraud
32(9)
Conclusion
41
Fraud
Overview
1(3)
Common Elements
4(24)
Dishonesty
4(1)
The Ghosh Test
4(4)
Ghosh and the Fraud Act
8(3)
Claim of Right
11(2)
Fraudulent Intention
13(2)
Gain and Loss
15(3)
Property
18(5)
The Intention
23(5)
Fraud by False Representation (section 2)
28(22)
Introduction
28(4)
The Representation
32(1)
Contrasted with Deception
32(4)
Nature of the Representation
36(3)
Silence as a Representation
39(4)
False Representation
43(3)
Unintentional Falsity
46(4)
Fraud by Failing to Disclose Information (section 3)
50(16)
Introduction
50(3)
Examples
53(3)
The Legal Duty
56(3)
Two Examples
59(1)
Dependence upon Civil Law
60(2)
Knowledge of Circumstances which Give Rise to the Duty
62(2)
Moral Duty to Disclose
64(2)
Fraud by Abuse of Position (section 4)
66
Introduction
66(3)
The Position of Trust
69(5)
The Abuse of Position
74(3)
Examples
77(2)
Abuse of a Public Office
79(2)
Secrecy
81
Agreements to Commit Fraud
Overview
1(2)
Statutory Conspiracy to Commit Fraud
3(28)
Criminal Law Act 1977
4(2)
Actus Reus
6(2)
Agreements to Assist Fraud
8(1)
The Mens Rea in Conspiracy
9(3)
Strict Liability Example
12(2)
Recklessness Example
14(3)
Lesser States of Knowledge Example: Suspicion
17(2)
Mens Rea in Fraud Conspiracies
19(1)
False Representation (section 2)
20(2)
Failure to Disclose (section 3)
22(4)
Abuse of Position (section 4)
26(2)
Use of Conspiracies
28(2)
Sentence
30(1)
Common Law Conspiracy to Defraud
31(13)
Scope of the Common Law Offence
31(4)
Sentence
35(1)
The Debate on the Abolition of the Common Law Offence
36(1)
Law Commission's Position
36(4)
Comment in Favour of Retention
40(1)
The Government's Position
41(1)
An Historical Note: Ayres
42(2)
Limitations on the Use of Conspiracy to Defraud
44(19)
General Principles of Use of Common Law Offences
47(6)
The Attorney General's Guidance
53(5)
Statements in Hansard
58(5)
Conduct that Can More Effectively be Prosecuted as Conspiracy to Defraud
63(4)
Conduct that Can Only be Prosecuted as Conspiracy to Defraud
67(9)
Conduct Not Covered by the Fraud Offence nor the Theft Act
69(1)
Dishonestly Infringing Another's Right
70(1)
Assisting Fraud by Third Parties
71(2)
A General False Impression
73(1)
Gambling Swindles
74(1)
Dishonestly Failing to Fulfil a Contractual Obligation
75(1)
Fraudulent Conduct Covered by Statutory Offences
76
Property that Cannot be Stolen (Law Com No 228, para 4.6)
77(4)
Confidential Information (Law Com No 228, para 4.7)
81(1)
Temporary Deprivation of Property (Law Com No 228, para 4.10)
82(3)
No Property Belonging to Another (Law Com No 228, para 4.17)
85(2)
Secret Profits by Employees and Fiduciaries (Law Com No 228, para 4.20)
87(1)
Obtaining a Benefit and Causing a Loss which are Not the Same Property (Money Transfers and Loans) (Law Com No 228, para 4.25)
88(2)
Obtaining Without Deception Benefits Other Than Property (Law Com No 228, para 4.34) and Deception of Computers and Other Machines (Law Com No 228, para 4.40)
90(2)
Evasion of Liability Without Intent to Make Permanent Default (Law Com No 228, para 4.47)
92
Acts Preparatory to Fraud
Overview
1(1)
Attempted Fraud
2(6)
Going Equipped
8(4)
Articles for Use in Fraud
12
Possession of Articles for Use in Fraud (section 6)
15(3)
Has in his Possession or Under his Control
18(1)
Article
19(3)
The Mens Rea
22(4)
In Connection with
26(2)
Two Examples
28(4)
Contrasted with Possession of Property for the Purpose of Terrorism
32(2)
Making or Supplying Articles for Use in Fraud (section 7)
34(3)
Example
37
Participating in Fraudulent Business
Summary of the New Offence
1(7)
Fraudulent Trading Contrary to the Companies Act 1985
5(3)
History of Fraudulent Trading Offences
8(10)
The Companies Act 1928
8(2)
The Companies Acts 1929 and 1948
10(2)
The Cork Committee and the Companies Act 1985
12(5)
Penalties
17(1)
The New Offence
18(35)
The Case for Extending Liability
18(7)
The Scope of the New Offence
25(11)
Key Concepts Relevant to the New Offence
36(1)
Introduction
36(2)
Is One Transaction Sufficient to Establish Fraudulent Trading?
38(1)
What Does `carrying on business' Mean?
39(2)
Dishonesty
41(1)
Knowingly a Party to the Carrying on of the Fraudulent Business
42(7)
What Does `with intent to defraud' Mean?
49(2)
For any Fraudulent Purpose
51(2)
Summary
53
Obtaining Services Dishonestly
Overview
1(7)
The New Offence
1(2)
Significant Elements of the New Offence
3(5)
Background
8(13)
Obtaining Services by Deception
8(5)
The Need for Reform
13(8)
Ingredients of the New Offence
21(13)
A Dishonest Act
22(3)
Services
25(4)
Intention Not to Pay
29(4)
Summary of the Ingredients of the Offence
33(1)
Principles Established by Case Law
34
Scope of the Term `services'
35(9)
Services Obtained by Another
44(1)
Services Need Not be Lawful
45(2)
Offence May be Continuous
47(1)
Summary
48
Procedural Matters
Jurisdiction
1(3)
Liability of Company Officers
4(10)
Evidential Matters
14(4)
Penalties
18
Maximum Penalties
18(2)
Confiscation
20(1)
Directors' Disqualification
21
Fraud Not Covered by the Fraud Act
Theft
1(17)
Introduction
2(1)
Appropriation
3(1)
Property Belonging to Another
4(3)
With the Intention of Permanently Depriving the Other
7(3)
Dishonesty
10(8)
Fraud Offences Preserved
18(13)
False Accounting (Theft Act 1968)
18(7)
Liability of Company Directors (Theft Act 1968)
25(1)
False Statements by Company Directors (Theft Act 1968)
26(4)
Dishonest Destruction of Documents (Theft Act 1968)
30(1)
Money Laundering
31(13)
Conspiracy to Money Launder
39(5)
Cheating the Revenue
44(6)
Forgery and Counterfeiting
50(8)
Miscellaneous Provisions
58
Fraud Management and the Future of Fraud Trials
Introduction
1(4)
Management of Fraud Trials
5(45)
Disclosure
6(3)
The Disclosure Provisions
9(5)
Attorney General's Guidelines
14(2)
The Disclosure Protocol
16(8)
Serious Fraud Protocol
24(10)
Case Management and Criminal Procedure Rules
34(2)
Preparatory Hearings under the Criminal Justice Act 1987
36(14)
Reforming the Approach to Fraud
50(85)
Long and Complex Fraud Trials Conducted Without Juries?
50(5)
The Final Report of the Fraud Review
55(1)
Measuring, Preventing, and Investigating Fraud
56(7)
A Single Financial Jurisdiction
63(3)
Wide Sentencing Powers
66(2)
Fraud Trials
68(2)
Disclosure and Trial Management
70(7)
Training and Strategy
77(3)
Electronic Presentation of Evidence
80(1)
The Approach to Sentencing
81(3)
Plea Bargaining
84(51)
Appendix
1. Fraud Act 2006
135(16)
Appendix
2. Pre-Legislative Materials
151(8)
The Law Commission Reports
151(1)
The Government Proposals
152(1)
Passage through Parliament
152(1)
Dramatis Personae
152(1)
Passage through Parliament
153(1)
The Debates
153(6)
First reading, House of Lords: 25 May 2005
153(1)
Second reading, House of Lords: 22 June 2005
153(1)
Committee stage, House of Lords: 19 July 2005
154(1)
Report stage, House of Lords: 14 March 2006
154(1)
Third reading, House of Lords: 29 March 2006
155(1)
Second reading, House of Commons: 12 June 2006
155(1)
Committee stage, House of Commons: 20 and 22 June 2006
156(1)
Report stage and third reading, House of Commons: 26 October 2006
157(2)
Appendix
3. The Fraud Protocol: Control and Management of Heavy Fraud and Other Complex Criminal Cases
159(14)
The Investigation
160(1)
Designation of the Trial Judge
161(1)
Case Management
162(4)
Disclosure
166(1)
Abuse of Process
167(1)
The Trial
168(2)
Other Issues
170(3)
Appendix
4. Guidance on the Use of the Common Law Offence of Conspiracy to Defraud
173(4)
Conduct that Can More Effectively be Prosecuted as Conspiracy to Defraud
175(1)
Conduct that Can Only be Prosecuted as Conspiracy to Defraud
175(2)
Appendix
5. Criminal Justice Act 1993
177(6)
Appendix
6. Other Fraud Legislation
183(58)
Theft Act 1968
183(18)
Theft Act 1978
201(1)
Forgery and Counterfeiting Act 1981 (ss 1--10)
202(5)
Copyright, Designs and Patents Act 1988 (ss 107, 110, 198, 201, 202, 297, and 300)
207(7)
Computer Misuse Act 1990 (ss 1--3)
214(2)
Social Security Administration Act 1992 (ss 111A--112)
216(3)
Criminal Justice Act 1993 (s 52)
219(1)
Trade Marks Act 1994 (s 92)
220(1)
Value Added Tax Act 1994 (s 72)
221(2)
Financial Services and Markets Act 2000 (s 397)
223(2)
Proceeds of Crime Act 2002 (ss 327--340)
225(16)
Appendix
7. Criminal Procedure Rules on Case Management (Parts 1 and 3)
241(6)
Appendix
8. Preparatory Hearings
247(12)
Criminal Justice Act 1987
247(3)
Criminal Procedure and Investigations Act 1996
250(9)
Appendix
9. Sample Indictments
259(4)
Fraud by False Representation
259(1)
Fraud by Failing to Disclose Information
259(1)
Fraud by Abuse of Position
259(1)
Possession or Control of Articles for Use in Frauds
260(1)
Making or Supplying Articles for Use in Frauds
260(1)
Obtaining Services Dishonestly
260(1)
Participating in Fraudulent Business Carried on by a Sole Trader
261(2)
Index 263
Simon Farrell QC (call 1983, Silk 2003) specialises in serious and complex commercial fraud, money laundering, and the civil and criminal law of confiscation of assets. He is co-author of Butterworths' Guide to the Proceeds of Crime Act 2002 (published December 2002, and Asset Recovery, Criminal Confsication, and Civil Recovery (Butterworths, December 2003). Simon is on the Criminal Bar Association's working party which has been monitoring the Fraud Bill.

Guy Ladenburg (call 2000) is a general criminal practitioner with a special interest in fraud as well as licensing matters.

Nicholas Yeo (call 1999) is a general criminal practitioner with particular expertise in fraud and extradition.