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Fraud Act


Submitted By vanter
Words 19764
Pages 80
Is the Fraud Act a Useful Tool in E-Crime Prosecution?

Executive summary
This paper sought to examine whether the Fraud Act 2006 could be a useful tool in the prosecution of e-Crimes. It turns out that crimes on the computer net works and other electronic forms have been prevalent for more than two decades without being successfully prosecuted in majority of cases. The Thefts Acts 1968 and 1978 had inadequacies to deal with the kind of offences possible on the electronic forms. Hence, to avoid continual amendments to Theft Acts which could not have retrospective effect, Fraud Act 2006 has been enacted with sweeping changes to enable prosecutions of e-Crimes. Fraud Act 2006 has removed the shortcomings of the Theft Acts within the context of e-Crimes. Although the Act is portrayed to be a little harsh on the one hand, in comparison with the Theft Acts, the Act is certainly equipped as a better prosecution tool to deal with e-Crimes, on the other..

Table of Contents Chapter No | Particulars | Page No | | Executive Summary | 1 | 1.0 | Introduction | 3 | 1.1 | Background | 3 | 1.2 | Aims and Objectives | 14 | 1.2.1 | Aim | 16 | 1.2.2 | Objectives | 16 | 1.3 | Conclusion | 16 | 2.0 | Literature Review | | 2.1 | History behind Fraud Act 2006 | 17 | 2.2 | Fraud Act compared to earlier law | 20 | 2.2.1 | Fraud by false representation | 22 | 2.2.2 | Section11 Obtaining Services Dishonestly | 28 | 2.2.3 | Fraud as a conduct crime | 31 | 2.2.4 | Dishonesty | 34 | 2.3 | Comments on the Fraud Act 2006 | 36 | 2.3.1 | Act’s jurisdiction | 37 | 2.3.2 | Dishonesty | 38 | 2.3.3 | Fraud by false representation | 39 | 2.3.4 | Timing of the offence | 40 | 2.3.5 | Victimless crime | 41 | 2.3.6 | Actus Reus | 41 | 2.3.7 | Time of Representation | 42 | 2.3.8 | Representation to machines | 43 |

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