What Is Fraud by False Representation? (Fraud Act 2006)

In brief: Fraud by false representation is a criminal offence under section 2 of the Fraud Act 2006 in England and Wales. It is committed when someone dishonestly makes a representation they know to be untrue or misleading, intending to make a gain for themselves or another, or to cause loss or the risk of loss to someone else.

Crucially, no one has to be actually deceived and no gain or loss needs to result: the offence is complete the moment the dishonest representation is made with that intent. It is an "either-way" offence, which means it can be heard in the magistrates' court or the Crown Court, and on conviction in the Crown Court it carries a maximum of years' imprisonment.

If you have been accused of fraud by false representation, or you have been asked to attend an interview under caution about one, the charge can sound far heavier than your situation may turn out to be.

This page sets out what the offence means under the Fraud Act 2006, what a prosecutor actually has to prove, the sentence a court can pass, and the defences that are genuinely available. It is general information about the law in England and Wales and not advice on your own case; for that, speak to a criminal defence solicitor as early as possible, ideally before any police or investigator interview.

Speak to our criminal defence team in Bristol, Cheltenham or Keynsham. We answer 24/7.

What the law says: the three elements under section 2

Section 2 of the Fraud Act 2006 sets a single offence with three parts that the prosecution must establish together.

A representation can be expressed (something you say or write) or implied (conduct that carries a meaning, such as presenting a card you are not entitled to use). It can relate to fact, to law, or to a person's state of mind, including your own.

The three elements are:

1. A false representation. A statement is false if it is untrue or misleading, and the person making it knows that it is, or knows that it might be, untrue or misleading.
2. The conduct must be dishonest by the standards of ordinary, decent people.
3. Intent to gain or cause loss. At the time of the representation, the person must intend to make a gain (for themselves or another) or to cause loss to another, or to expose another to a risk of loss. The gain or loss can be money or other property.

The full text of section 2 is published by The National Archives, and the Crown Prosecution Service guidance on the Fraud Act 2006 explains how prosecutors approach these cases.

Examples of fraud by false representation

The offence is deliberately broad, so it covers a wide span of everyday conduct rather than only large-scale financial crime. Common examples include:

1. Application fraud: giving false information or omitting relevant facts on a mortgage, loan, credit, tenancy or insurance application.
2. Identity fraud: using another person's details, or invented details, to obtain goods, services or credit.
3. Benefit fraud: misstating income, savings, living arrangements or capability when claiming benefits. These cases are often investigated through an interview under caution by the DWP before any charge.
4. Payment and card fraud: using card or account details dishonestly, including online.
5. Employment and qualification fraud: false claims on a CV or in support of a job or contract.
6. Business and invoice fraud: misrepresenting goods, services, accounts or invoices in a commercial transaction.

Where the alleged conduct involves concealment rather than a positive statement, a different section may apply; see fraud by failing to disclose information. Related charges such as money laundering and tax fraud frequently appear alongside it.

What the prosecution must prove (the "points to prove")

To secure a conviction, the prosecution has to make a jury or bench sure of each element above. In practice, that means proving:

• that you made a representation, and that it was false;
• that you knew it was, or might be, untrue or misleading;
• that you were dishonest by the standard described above; and
• that you intended to gain or to cause loss or the risk of loss.

What the prosecution does not have to prove is just as important. There is no need to show that anyone relied on the representation, that anyone was actually deceived, or that any money in fact changed hands. That breadth is why early legal advice matters: many cases turn not on whether something was said, but on whether it was dishonest and whether the intent existed at the time.

Sentencing: what penalty could you face?

This is the question most people ask first, and the honest answer is that it depends heavily on the facts. Fraud by false representation is an either-way offence, so where it is dealt with affects the sentence available.

Maximum sentence and the Sentencing Council guidelines

On conviction in the Crown Court, the maximum is currently 10 years’ imprisonment and/or an unlimited fine under section 1 of the Fraud Act 2006. If the case stays in the magistrates’ court, the sentencing powers are lower. Courts in England and Wales sentence fraud using the Sentencing Council guideline for fraud.

How the guideline works in practice

The guideline sets the sentence by weighing culpability (your role, the degree of planning, whether the conduct was sophisticated or sustained, and whether a position of trust was abused) against harm (the financial loss caused or intended, and the wider impact on victims).

A low-value, one-off matter by someone of previous good character sits at a very different point from a planned, high-value or repeated fraud. Aggravating factors (such as targeting vulnerable victims) and mitigating factors (such as genuine remorse, early guilty plea credit, or a minor role) move the starting point up or down.

We never tell a client what their sentence "will" be; we work to reduce culpability and harm findings, present mitigation properly, and where appropriate, argue for a community or suspended sentence rather than immediate custody.

Talk to a solicitor about your case in confidence before you respond to any allegation. What you say at the investigation stage can shape the whole case.

Defences to fraud by false representation

A charge is not a conviction. Because the offence depends on dishonesty and intent, there is often more room to challenge it than people assume. The defences below are the ones that most commonly succeed; which (if any) applies depends entirely on the evidence.

Lack of dishonest intent

If you genuinely believed what you said was true, or you had no intention of making a gain or causing a loss, a central element of the offence falls away. Honest mistakes, misunderstandings and genuine differences of interpretation are not fraud, even where a statement later proves inaccurate.

Duress or coercion

If you were forced to act by threats of serious harm to yourself or others, duress may be available. These cases are fact-sensitive and demand careful evidence, but coercion (including within controlling relationships or organised settings) is a recognised defence.

Lack of knowledge or genuine mistake

You can only commit this offence if you knew the representation was, or might be, untrue or misleading. Where you were unaware of the relevant facts, were misled by someone else, or reasonably relied on information given to you, the knowledge element may not be made out.

Beyond these, many cases are won on the evidence rather than a named defence: identification disputes, gaps in the digital trail, unreliable financial reconstructions, or procedural failings that can support an abuse of process argument.

How we defend fraud cases

Allen Hoole has a large team of solicitor advocates who handle serious and complex fraud allegations across the South West and beyond. We instruct specialist barristers where a case calls for it, and we work with digital and financial forensic experts to test the prosecution's evidence rather than take it at face value.

The most valuable point of contact is the earliest one. If you have been invited to an interview under caution or your devices or accounts have been examined, advice before you answer questions can change the direction of the whole matter. We also advise on the wider range of fraud and financial crime charges that often accompany a section 2 allegation.

Frequently asked questions

Is fraud by false representation a criminal offence?

Yes. It is a criminal offence under section 2 of the Fraud Act 2006 in England and Wales. A conviction can result in a custodial sentence, a community order or a fine, and it will appear on your criminal record.

Is it an indictable or an either-way offence?

It is an either-way offence, which means it can be tried in the magistrates' court or the Crown Court. The more serious or higher value the alleged fraud, the more likely it is to be sent to the Crown Court, where the sentencing powers are greater.

What is the maximum sentence for fraud by false representation?

The maximum on conviction in the Crown Court is currently 10 years’ imprisonment under section 1 of the Fraud Act 2006, and an unlimited fine can also be imposed. Most cases do not attract the maximum; the sentence depends on culpability and the harm caused or intended.

Will I go to prison if I am convicted?

Not necessarily. Lower-value or first-time matters can result in a community order or a suspended sentence, while planned, high-value or repeated frauds are more likely to attract immediate custody. The outcome turns on the Sentencing Council guideline and the mitigation presented on your behalf.

Does fraud by false representation require intent, and do I need to have actually gained anything?

Yes, to intent, and no to gain. You must have intended to make a gain or to cause loss or the risk of loss, but the offence is complete even if nobody was deceived and no money changed hands.

What is the difference between fraud by false representation and fraud by misrepresentation?

"Fraud by misrepresentation" is not a separate criminal offence; people usually mean the same section 2 conduct, or they are thinking of the civil claim of misrepresentation in contract law. Civil misrepresentation can lead to a contract being undone or to damages; criminal fraud under section 2 can lead to prosecution and a sentence.

Speak to a criminal defence solicitor today

If you are under investigation or have been charged with fraud by false representation, get advice before you take any further steps. Early, specialist representation gives you the best chance of the right outcome, whether that is no charge, a reduced charge, an acquittal or the lowest possible sentence.

Contact your nearest Allen Hoole office in Bristol, Cheltenham or Keynsham. We are available 24/7 for urgent matters and police station attendance.