ABSTRACT
This chapter presents a judge’s perspective, on reflection in recent retirement, of the operation of the Fraud Act 2006 in the various stages of the court process: pre-trial, trial, sentencing and asset confiscation. Opportunity is taken to examine the significant development in the law relating to dishonesty which the decision of the Supreme Court on 25 October 2017 in Ivey v Genting Casinos Ltd trading as Crockfords Ivey v Genting Casinos Ltd trading as Crockfords [2017] UKSC 47 represents.
Consideration is given to the challenges as to procedure, evidence and sentencing which the variety of behaviours which the Act addresses, including inchoate offending without proof of damage, presents.
To identify the place of sentencing under the Act in the overall spectrum of criminal justice sentencing, worked examples are given of comparable sentences for the various types of offences which the Act enacts, including commercial fraud and benefit fraud, and for offences of violence, drug dealing and causing death by dangerous driving.
This chapter concludes by considering the long reach of asset confiscation under the Proceeds of Crime Act 2002, including its provisions as to imprisonment in default of full payment of confiscation orders.
