Being accused of abusing a position of trust is distressing and often overwhelming. At MMA Law, our solicitors regularly defend people facing this serious allegation under the Fraud Act 2006. Early legal advice from our team protects your rights and helps you avoid mistakes that could damage your case.
Get Your Free ConsultationAbuse of position of trust is a criminal offence under Section 4 of the Fraud Act 2006. It applies where someone uses a trusted role to make a financial gain, cause a loss, or put another person at risk of loss.
In plain terms, the law focuses on trust and responsibility. A position of trust exists where you have a legal duty to act honestly in another person’s financial interests. That duty often arises at work, in care settings, or when managing money for others.
In cases investigated locally, the Crown Prosecution Service (CPS) for the North East reviews the evidence and decides whether charges should be brought. At MMA Law, our Middlesbrough based solicitors regularly deal with CPS charging decisions and understand how these cases are prosecuted in Teesside and across the region.
A position of trust may apply to roles such as carers, employees handling payments, trustees, or professionals managing accounts. An allegation alone does not mean guilt. MMA Law represents clients in Middlesbrough, Teesside, and nationally, challenging whether the legal test for abuse of position is truly met in each case.
Not everyone accused of abuse of position is genuinely in a legal position of trust. The law applies where you are relied upon to manage, protect, or oversee someone else’s finances, property, or wellbeing. This “entrusted role” often exists in jobs where financial responsibility or access to sensitive accounts is part of the role.
You might be considered in a position of trust if, for example:
It’s important to remember that being accused does not mean you are guilty or even that you held the legal responsibilities required by the law. In many situations, disputes arise from misunderstandings, genuine mistakes, or unclear expectations around financial responsibility.
If you are unsure whether your role counts as a position of trust, seeking legal advice early is the safest way to protect yourself and clarify your situation.
Real-life allegations of fraud by abuse of position often centre around the following situations. These examples may help you recognise if your own case fits a similar pattern.
A common scenario in the care sector is when a care worker or support worker is trusted to buy items for a client or service user. Allegations arise if it appears the worker has used the client’s bank card for personal shopping or cash withdrawals. In some cases, the issue stems from unclear policies or misunderstandings about consent and record-keeping.
In many workplaces, employees have access to payment systems or can handle invoices. Accusations may occur if someone is alleged to have changed bank details or redirected payments, resulting in company or client funds going to an unauthorised account. Often, genuine mistakes or confusion over authorisations can lead to criminal investigations.
Employers may suspect staff of using petty cash, workplace funds, or business cards for personal use or non-work expenses. These allegations can arise from missing receipts, unclear expense procedures, or disagreements over what constitutes an authorised purchase. Not all cases involve intentional wrongdoing.
People managing finances for a vulnerable adult—for example, under a power of attorney or as part of a care role—may face allegations if money is withdrawn without obvious authorisation or explanation. Family disputes and safeguarding concerns frequently trigger these investigations, even where there is no dishonest intent.
Payroll staff, managers, or HR officers might be accused of altering pay records, overtime entries, or time sheets for personal gain or to help others. Sometimes, mistakes in recording hours or unclear workplace rules lead to misunderstandings and serious allegations.
Many roles involve access to financial systems, confidential data, or digital accounts. Allegations may be made if someone is believed to have used this access for their own benefit or to pass information to others. This type of accusation (known as digital access misuse) is increasingly common in modern workplaces.
To secure a conviction for fraud by abuse of position, the Crown Prosecution Service (CPS) must prove several specific elements. Each step is crucial, and the burden of proof lies entirely with the prosecution. At MMA Law, we focus on challenging every part of the case, particularly where evidence is weak or unclear.
The CPS must first show that you were genuinely in a position of trust. This means you held a role or responsibility giving you control or influence over someone else’s finances, property, or wellbeing. The law is clear that not every employee or worker is automatically in a position of trust. Disputes often arise over whether the relationship was truly one of reliance and expectation.
Next, the prosecution must prove that you abused this position. In plain terms, this means acting outside the responsibilities or permissions of your role. Abuse might involve using access for personal benefit, ignoring workplace procedures, or failing to act when required. Many cases hinge on misunderstandings or unclear workplace policies, and not all breaches are criminal.
The court must then decide if your actions were dishonest. Dishonesty is judged using the legal test set out in Ivey v Genting Casinos, which considers what an ordinary, honest person would think of the behaviour. This is not about your personal view, but about how your actions appear in the eyes of the wider public. At MMA Law, we often challenge whether the required level of dishonesty has really been proven.
Finally, the prosecution needs to show that you intended to make a financial gain for yourself or another, or to cause loss (or risk of loss) to someone else. It is not enough that a mistake happened - there must be clear intent to benefit or cause harm. The CPS must provide strong evidence of this intention, which is often open to interpretation or dispute.
Our Teesside based solicitors will carefully review the evidence at each stage, looking for gaps, weaknesses, or overreaching by the CPS. Our expertise lies in ensuring that every legal element is properly tested before any case goes to trial.
The maximum sentence for abuse of position of trust under the Fraud Act 2006 is up to 10 years’ imprisonment. This prospect is frightening, but most cases do not result in the maximum penalty. Sentencing decisions take into account a range of factors, and outcomes can vary significantly.
When the court decides on a sentence, it considers:
Possible sentencing outcomes include:
If you are accused of abusing a position of trust, the legal process usually begins long before any criminal charge is made. Most cases start with an internal investigation by your employer or a safeguarding authority, who will look into financial activity, workplace conduct, and any concerns raised—especially where vulnerable individuals are involved. This stage can be unsettling and confusing, with many people unsure of their rights or the next steps.
If matters escalate, the police may become involved. Sometimes, this means an arrest, but more often you will be invited to attend a voluntary interview under caution, known as a PACE interview. What you say at this point is critical—speaking to the police without proper legal advice can harm your case and close down vital lines of defence. It is always best to contact a solicitor before any interview takes place.
As part of the investigation, the police may seize devices such as mobile phones, computers, and financial documents to review evidence. Once all information is gathered, the case is passed to the Crown Prosecution Service (CPS). The CPS reviews the evidence and decides whether to bring charges against you.
If the CPS moves forward, you will be summoned to appear at the Magistrates’ Court for your first hearing. The nature and seriousness of the allegation will determine whether your case remains in the Magistrates’ Court or is sent to the Crown Court for trial or sentencing.
Throughout this process, the court will manage the case by setting dates, considering legal arguments, and preparing for a possible trial. Depending on the evidence and your circumstances, you may decide to plead guilty or contest the allegations in court. If convicted or if you enter a plea, the judge will then decide on the appropriate sentence.
Each stage of this journey can be daunting, but you do not have to face it alone. With early involvement, our experienced solicitors at MMA Law provide guidance, challenge weaknesses in the prosecution’s case, and help protect your interests every step of the way.
At MMA Law, we understand that facing an allegation of abusing a position of trust can feel overwhelming. However, there are often strong defences available, and our solicitors are skilled at identifying and pursuing the best possible approach for each client’s circumstances. Our experience in handling these cases—particularly for clients in the care sector, financial roles, and vulnerable employment positions—means we know where mistakes and misunderstandings commonly occur, and how to challenge the prosecution’s case effectively.
Questioning Whether a True Position of Trust ExistedWe have successfully defended clients by demonstrating that their role did not legally qualify as a position of trust. For example, in one workplace fraud investigation, we showed that our client’s responsibilities were limited and did not involve authority over company finances. The CPS withdrew the case before trial.
Highlighting Honest Mistakes, Not DishonestyMany allegations arise from genuine errors or poor record-keeping, not criminal intent. MMA Law has helped care workers and payroll staff accused of wrongdoing to prove their actions were simply mistakes. In a recent case, we secured a not guilty verdict for a client after showing the alleged misuse of petty cash was a result of confusion over new expense procedures.
No Financial Gain or LossFor a conviction, the prosecution must show that someone intended to gain or cause loss. Our solicitors have demonstrated in court that funds remained intact or that there was no intention to benefit personally, resulting in charges being dropped or reduced.
Permission, Misunderstanding, or Good FaithMisunderstandings are common in busy workplaces. We have acted for clients who had explicit permission to access accounts or make transactions, but who were later accused of acting improperly. By presenting written evidence and witness statements, we have shown our clients acted in good faith and with authorisation.
Challenging Weak or Unreliable EvidenceThe evidence in these cases is often digital or circumstantial. MMA Law regularly challenges the reliability of electronic records and the interpretation of financial data. In one digital access misuse case, we exposed serious gaps in the employer’s audit trail, leading to the case being dismissed at an early stage.
Proving Identity Cannot Be ConfirmedWhere allegations relate to online transactions or digital records, we focus on whether identity can truly be proven. We have defended clients accused of fraudulent activity from their work logins by showing that access was not secure and other staff could have used the same credentials.
Uncovering Flaws in Employer ProcessesMany employers have inadequate training or unclear procedures. We have successfully argued that clients followed the policies as they understood them and were let down by a lack of clear guidance, resulting in investigations being closed without further action.
Coercion, Mental Health, or Undue PressureIn sensitive cases, we explore whether clients acted under duress, mental health struggles, or undue pressure from others. Our solicitors work with medical professionals and gather evidence to support these explanations, often leading to more favourable outcomes for our clients.
Abuse of position under the Fraud Act 2006 is a fraud offence where someone misuses a trusted role for financial gain or to cause loss. It falls under Section 4 of the Act and applies when a person is expected to safeguard another’s financial interests but acts dishonestly instead.
This can involve roles where there is financial responsibility or access to accounts, such as care work, payroll, finance, or charity management. The prosecution must prove the person held a position of trust, abused it, acted dishonestly, and intended to cause gain or loss. An allegation does not mean guilt, and evidence must meet strict legal tests.
Yes, you can go to prison for abusing a position of trust, but not every case results in custody. The maximum sentence is up to 10 years’ imprisonment under the Fraud Act 2006, but sentencing depends on the facts of the case.
Courts look at factors such as:
Outcomes may include a community order, suspended sentence, or immediate custody. Strong legal representation can reduce the risk of prison and help you present mitigation properly.
If you are accused of abusing a position, you should get legal advice immediately and avoid speaking to anyone about the allegation without support. Even an employer interview or safeguarding meeting can affect what happens later, especially if the police become involved.
If the police invite you to a PACE interview (voluntary interview under caution), you should not attend without a solicitor. What you say can be used as evidence.
At MMA Law, we help clients by:
Early action often improves outcomes.
No, abuse of position under the Fraud Act is not always the same as financial abuse, although they can overlap. Fraud by abuse of position is a criminal offence under the Fraud Act 2006, focused on dishonesty, gain, or loss. It is prosecuted through the police and CPS.
Financial abuse is a broader term often used in safeguarding settings. It can involve concerns about exploitation, coercion, or control, especially involving a vulnerable adult.
In practice, a safeguarding concern may trigger an investigation. But not every safeguarding allegation becomes a criminal fraud case. A solicitor can help you understand the difference and respond properly.
Yes, employer investigations can lead to criminal charges if the concerns are reported to the police. Many workplace fraud cases begin with disciplinary action, audits, or safeguarding referrals. If the employer believes fraud may have occurred, they may submit evidence such as bank records, receipts, or internal reports.
The police may then investigate and interview the accused under caution. After that, the CPS decides whether there is enough evidence to charge under the Fraud Act 2006.
Even if your employer believes you are guilty, this does not mean the CPS can prove it. Employment findings are not the same as criminal proof, and the legal tests are much stricter.
Yes, you should have a solicitor for a police interview, even if you believe you have done nothing wrong. A police interview under caution (PACE) is designed to gather evidence, and anything you say can be used in court.
Having a solicitor means:
Many people damage their case by trying to “explain things” without legal support. At MMA Law, we prepare clients before interview, challenge weak evidence early, and help prevent avoidable mistakes that lead to charges.
Yes, the CPS can drop abuse of position charges if the evidence is weak or the legal test is not met. The CPS must prove all elements of fraud by abuse of position, including dishonesty and intent to cause gain or loss. If those elements cannot be proven, the case may be stopped.
Charges may be dropped:
A strong defence solicitor can make a real difference by presenting early representations, reviewing disclosure, and exposing gaps in the prosecution case.
Getting early legal advice can make a real difference if you are facing an allegation of abusing a position of trust. The sooner you speak to an expert, the better your chances of protecting your rights and building a strong defence.
At MMA Law, our fraud defence solicitors help clients in Middlesbrough, Teesside, and across the country. We offer a free, confidential 30-minute consultation so you can get clear answers and guidance from the start.
Call us today or book your appointment online. We have help for funding your case available. We are here to support you through every stage of your case.
We will assess your eligibility for Legal Aid and if you are not eligible, we will provide you with an agreed fee to represent you to conclusion of your case.
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