ABSTRACT
The Fraud Act 2006 abolished the old offences of deception and created new offences in their place. The Act repealed ss 15, 15A, 15B, 16 and 20(2) of the Theft Act 1968 and also ss 1 and 2 of the Theft Act 1978. Four main offences are created in their place. These are fraud by false representation, fraud by failure to disclose information, fraud by abuse of position, obtaining services dishonestly. Fraud by failing to disclose information is an offence under s 3 Fraud Act 2006. It is committed where a person dishonestly fails to disclose information to another person which he is under a legal duty to disclose and intends by failing to disclose the information. The Act does not define legal duty. However, the Explanatory Notes state that such a duty may derive from statute, the fact that the transaction in question is one of the utmost good faith.
