Fraud by False Representation Solicitors

Fraud by false representation can lead to imprisonment, with a maximum sentence of 10 years under the Fraud Act 2006 - but not every case results in custody. Sentencing varies widely and depends on the circumstances, the evidence, and the strength of your defence.

Courts look closely at factors such as:

• Level of planning or sophistication
• Amount of financial loss (actual or intended)
• Abuse of a position of trust
• Any previous convictions
• Remorse, cooperation, or early admissions

Possible outcomes include:

• Community orders for low-value, low-culpability cases
• Suspended sentences where mitigation is strong
• Immediate custody for serious or high-value cases
• Compensation or confiscation orders under POCA
• Financial penalties or repayment plans

Most importantly, sentencing is not fixed. Every case is different, and strong legal representation can significantly reduce the penalty you face. Early advice allows us to shape mitigation, challenge the evidence, and protect your future.

Every fraud allegation is different, and the strongest defence begins with understanding your intentions, circumstances, and the quality of the evidence presented. MMA Law builds robust, tailored defence strategies designed to protect your future.

Common defence approaches include:

• No dishonest intent – you believed the information was accurate at the time.
• Genuine mistake or misunderstanding – often due to confusion, stress, or miscommunication.
• No gain or attempted gain – the prosecution must show intention to cause loss or secure a benefit.
• Identity not proven – especially relevant in digital or online fraud cases.
• Insufficient or flawed evidence – weak links between actions and alleged representations.
• Misleading or improper interview procedure – PACE breaches may affect admissibility.
• Mental health, coercion, or duress – mitigating or explaining the behaviour.
• Poor police investigation – incorrect assumptions, missing records, or incomplete disclosure.

Our team analyses every element of the prosecution case, challenges inconsistencies, and builds the strongest possible defence based on your circumstances.

Frequently Asked Questions

What counts as fraud by false representation?

Fraud by false representation means intentionally giving false or misleading information to gain something or cause someone else a loss. This offence falls under Section 2 of the Fraud Act 2006 and can include verbal, written, or digital statements.

Examples include:

• Using someone else’s bank card
• Providing false details on a finance application
• Creating misleading online listings
• Submitting inaccurate documents for loans or benefits

To prove the offence, the prosecution must show dishonesty and intent. Not every mistake counts as fraud, and many cases involve misunderstanding rather than deliberate wrongdoing.

Can you go to prison for fraud by false representation?

Yes, you can go to prison for fraud by false representation, as the offence carries a maximum sentence of 10 years’ imprisonment under the Fraud Act 2006. However, not all cases lead to custody.

Sentencing depends on:

• The level of planning involved
• The amount of financial loss or attempted loss
• Whether there was abuse of trust
• Your role in the incident
• Previous convictions and personal mitigation

Many first-time offenders receive suspended sentences or community orders. Strong legal representation can significantly influence the outcome.

What should I do if I’m accused of fraud?

If you are accused of fraud, you should seek legal advice immediately before speaking to the police or investigators. Early representation protects your rights and prevents misunderstandings that may harm your case.

Recommended steps include:

1. Do not contact alleged victims or witnesses.
2. Do not explain yourself to the police without a solicitor present.
3. Keep any documents, messages, or evidence that may support your explanation.
4. Attend interviews with a specialist solicitor to avoid self-incrimination.

Prompt legal support often leads to better outcomes, including reduced charges or no further action.

Do I need a solicitor for a police interview?

Yes, you should always have a solicitor for a police interview, whether you are arrested or attending voluntarily under caution. Anything you say during a PACE interview can be used as evidence, even if you believe you have done nothing wrong.

A solicitor will:

• Protect your legal rights
• Prevent unfair questioning
• Advise you on whether to answer questions, give a prepared statement, or remain silent
• Ensure the police disclose key details before you speak

Having a lawyer present reduces the risk of misunderstandings and helps safeguard your position from the outset.

How long does a fraud investigation take?

Fraud investigations can take anywhere from a few months to several years, depending on the complexity of the case. Digital evidence, bank records, and financial documents often take time to analyse, especially in high-value investigations.

Typical stages include:

• Initial police enquiries
• Seizure of devices or documents
• Evidence analysis
• CPS review and charging decision

Serious cases may be labelled “complex fraud,” which extends timelines further. During this period, you may be on bail or “released under investigation.” Legal guidance helps manage delays and ensures your case progresses fairly.

Can fraud charges be dropped?

Yes, fraud charges can be dropped if there is not enough evidence, if the CPS decides prosecution is not in the public interest, or if the defence provides information that undermines the allegation. Many cases end without charge when early legal intervention clarifies misunderstandings.

Charges may be reconsidered when:

• Evidence is weak or inconsistent
• There is no clear intent to deceive
• Identity cannot be proven
• Procedural errors breach fairness rules
• New information emerges during disclosure

Our specialist fraud solicitors can challenge the evidence and make formal representations to the CPS to stop the case progressing.

How does the CPS decide whether to charge for fraud?

The CPS decides whether to charge for fraud using the Full Code Test, which has two parts. First, prosecutors assess whether there is a realistic prospect of conviction based on available evidence. Second, they consider whether a prosecution is in the public interest.

Key factors include:

• Strength and reliability of evidence
• Level of financial loss
• Whether the suspect acted dishonestly
• Vulnerability of any victims
• The suspect’s personal circumstances

If the evidence is incomplete or weak, the CPS should not charge. Strong legal representation increases the likelihood of preventing charges altogether.