Expert fraud by false representation solicitors at Woolfe & Co Solicitors provide specialist criminal defence for anyone accused of making false representations under Section 2 of the Fraud Act 2006. Our experienced defence lawyers have a proven track record of protecting clients' rights from police investigation through to Crown Court trials. Available 24/7 for urgent legal advice.
Fraud by false representation is one of the most commonly prosecuted fraud offences in England and Wales. As specialist fraud by false representation solicitors, we defend clients across the full spectrum of allegations, from benefit fraud and identity fraud to complex corporate fraud involving substantial sums.
The offence occurs when a person dishonestly makes a false representation, intending to make a gain for themselves or another, or to cause loss to another. A false representation can be made in any form, whether written, verbal, or implied by conduct. What matters is whether the representation was untrue or misleading, and whether the person making it acted dishonestly. Our criminal defence solicitors have seen how wide ranging this offence can be, from a single dishonest email to sophisticated schemes spanning multiple jurisdictions.
Section 2 of the Fraud Act 2006 sets out three key elements that the prosecution must prove beyond reasonable doubt. If any one of these elements is not established, a conviction for fraud by false representation cannot follow.
Dishonesty
The defendant must have acted dishonestly according to the standards of ordinary reasonable people. The test for dishonesty was clarified in Ivey v Genting Casinos [2017] UKSC 67, which requires the court to assess both the objective standard and whether the defendant realised their conduct would be seen as dishonest by those standards.
False Representation
A representation is false if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading. The representation may relate to fact, law, or the maker's state of mind.
Intention to Make a Gain or Cause Loss
The defendant must have intended, by making the false representation, to make a gain for themselves or another, or to cause loss to another or expose another to a risk of loss. Gain and loss are defined broadly and include money, property, and other benefits.
Fraud by false representation covers an exceptionally broad range of conduct. Below are some of the most common types of cases our fraud solicitors and lawyers handle.
Offence
Fraud by False Representation
Legislation
Section 2, Fraud Act 2006
Maximum Sentence
10 years imprisonment
Mode of Trial
Either way offence
Sentencing Guidelines
Fraud Sentencing Guideline (2014)
Understanding the potential penalties and available defences is essential. Our fraud by false representation solicitors work strategically to achieve the best possible outcome, whether that means acquittal, reduced charges, or the most lenient sentence.
Fraud by false representation is an either way offence, meaning it can be heard in the Magistrates Court or the Crown Court depending on the seriousness of the allegations. In the Crown Court, the maximum sentence is 10 years imprisonment.
Sentencing in fraud cases is governed by the Sentencing Council's Fraud Sentencing Guideline, which requires the court to assess culpability and harm. Higher culpability factors include an abuse of position of trust, targeting vulnerable victims, and sophisticated planning. Higher harm factors include significant financial loss, impact on victims, and offending carried out over a sustained period.
Key Sentencing Factor
The financial value involved is a critical factor in sentencing. Cases involving £100,000 or more fall into the highest harm category, while cases under £5,000 are generally treated less severely. However, even lower value cases can attract custodial sentences where there are significant aggravating features.
Our fraud by false representation lawyers work with forensic accountants and financial experts where necessary to challenge the prosecution's valuation of alleged loss, which can significantly affect the sentence bracket a case falls into.
A conviction for fraud by false representation requires the prosecution to prove every element of the offence beyond reasonable doubt. Our criminal defence solicitors examine each element carefully to identify the strongest defence strategy.
Absence of Dishonesty
The defendant genuinely believed their representation was true, even if it was mistaken. Honest belief, however unreasonable, is a complete defence.
The Representation Was Not False
The statement made was factually accurate at the time it was made and was not misleading in any material respect.
No Intention to Make a Gain or Cause Loss
The defendant did not intend to make a gain or cause loss. The representation may have been false but there was no fraudulent purpose behind it.
Duress or Coercion
The defendant was forced or coerced into making the false representation by another person, negating the voluntariness required for criminal liability.
Evidential Challenges
Challenging the admissibility or reliability of the prosecution's evidence, including improper disclosure, unreliable witness testimony, or breach of PACE procedures.
Fraud investigations can be lengthy, intrusive, and deeply unsettling. Our fraud by false representation solicitors are by your side from the very first contact through to trial or resolution.
| Stage | What Happens | How Our Fraud Solicitors Help |
|---|---|---|
| Initial Contact | Police or an investigative agency such as the DWP, HMRC, or the National Crime Agency may contact you, execute a search warrant, or invite you to attend a voluntary interview under caution. | We provide immediate legal advice before you answer any questions. Our solicitors attend every interview with you, whether at a police station or by arrangement. Police station representation is free under legal aid. |
| Evidence Gathering | Investigators gather financial records, bank statements, witness statements, digital evidence, and expert reports. This phase can last months or even years in complex fraud cases. | Our lawyers monitor the investigation, make representations to the police or the Crown Prosecution Service, and challenge disproportionate or unlawful evidence gathering including applications to challenge search warrants where appropriate. |
| Charge or Summons | If the CPS authorises charges, you will either be charged at the police station or receive a postal requisition requiring you to attend the Magistrates Court on a specified date. | We advise on the charge, explain the case against you, and begin preparing your defence immediately. Our fraud solicitors identify weaknesses in the prosecution case from the earliest stage. We discuss legal aid eligibility and funding options with you clearly and transparently. |
| First Court Hearing | The first hearing at the Magistrates Court, where the charges are read, a plea may be entered, and the court decides whether the case should stay in the Magistrates Court or be sent to the Crown Court. | We represent you at every hearing, make bail applications where appropriate, and ensure the court has all relevant information. If the case is serious enough for the Crown Court, we instruct the right criminal barrister for your case. |
| Trial Preparation | Disclosure of prosecution evidence, defence case statement preparation, expert instruction, and liaison with the court to set trial dates. | We analyse every document, identify disclosure failures, instruct forensic accountants and other experts, and build a comprehensive defence strategy. Our solicitors have extensive Crown Court trial experience in complex fraud cases. |
| Trial or Resolution | The case proceeds to trial at the Magistrates Court or Crown Court, or is resolved by way of a guilty plea with mitigation presented on your behalf. | We provide robust representation throughout. If a conviction follows, our solicitors present powerful mitigation to achieve the best possible sentence. Where appropriate, we also advise on Proceeds of Crime Act (POCA) proceedings that may follow. |
Our fraud solicitors answer the questions clients ask most often about fraud by false representation charges and the defence process.
When facing fraud allegations, you need experienced criminal defence lawyers who will fight vigorously for the best possible outcome. Here is why clients across England and Wales trust Woolfe & Co Solicitors.
Our solicitors and lawyers focus exclusively on criminal defence, with significant experience in complex fraud cases. We understand the technical, financial, and legal nuances that make the difference in fraud trials.
Fraud investigations often begin with an unexpected knock on the door. Our criminal defence lawyers are available 24 hours a day, 7 days a week to provide immediate legal advice and representation at police stations across England and Wales.
We do not just prepare for trial. Our fraud solicitors address every aspect of your case, from challenging search warrants and disclosure failures to instructing forensic accountants and specialist criminal barristers for Crown Court trials.
With over 30 years of combined experience, our team has defended clients in fraud cases across England and Wales. Read our client reviews and case studies to see how we have helped people facing criminal allegations.
If you are being investigated or have been charged with fraud by false representation, contact our specialist criminal defence solicitors now. Early legal advice can make a critical difference to the outcome of your case.
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