ABSTRACT
Fraud is a lexicographer’s delight with such expressions as: scam, con, swindle, extortion, sham, double-cross, hoax, cheat, ploy, ruse, hoodwink, confidence trick. For many years, UK legislation matched these words with terms such as: ‘going equipped for stealing’, ‘when not at his abode’ and ‘obtaining a pecuniary advantage’.
Then, in 2006, the world of fraud prosecution changed. The Fraud Act introduced a statutory general fraud offence, without cumbersome words of explanation. This chapter takes the opportunity of the tenth anniversary of the Fraud Act’s implementation to consider the legislation’s effectiveness, in light of surveys highlighting the exponential increase in fraud to £193bn. This chapter reviews the legislation to determine whether the high level of fraud is a consequence of ineffective deterrent or whether there is another reason. Ten years’ experience of the implementation of the Fraud Act provides a firm base upon which conclusions may be drawn.
