Understanding the Law on Making or Supplying Articles for Use in Frauds

The offence of making or supplying articles for use in frauds is governed by Section 7 of the Fraud Act 2006. This offence occurs when someone creates, adapts, or supplies items or tools—physical or digital—that are intended to be used to commit fraud. The “articles” involved can vary significantly, ranging from counterfeit documents and fake IDs to sophisticated software used for cybercrime or financial scams. Given the technical nature of the evidence and legal principles, securing expert legal advice is essential when facing such charges.

At Allen Hoole Solicitors, we have extensive experience defending clients charged with this complex offence. As one of the largest criminal defence firms in the South West of England, our team of solicitor advocates is well-versed in handling technical fraud cases and providing top-tier representation.

The Legal Definition

Under the Fraud Act 2006, a person commits the offence of making or supplying articles for use in fraud if they:

1. Make, adapt, supply, or offer to supply an article.
2. Know or intend that the article will be used to commit or assist in committing fraud.

Articles can include physical items, like counterfeit documents or devices used in ATM fraud, as well as digital tools, such as software designed for phishing or hacking. The key element in this offence is the intention behind making or supplying the article: the prosecution must prove that the person intended the article to be used to commit a fraud.

Technical Defences to Making or Supplying Articles for Fraud

The defences available for this offence are technical and nuanced, requiring a solid understanding of the legal definitions and the evidence involved. One of the main hurdles for the prosecution is proving dishonesty, which is a fundamental element of the offence.

Lack of Dishonesty

To secure a conviction, the prosecution must show that the defendant acted dishonestly, knowing that the article would be used to commit fraud. Following the landmark case of Ivey v Genting Casinos (2017), the test for dishonesty involves assessing whether the defendant’s conduct would be considered dishonest by the standards of ordinary, reasonable people. A key defence is to argue that the defendant did not intend for the article to be used dishonestly or that they had no knowledge of its fraudulent use.

Lack of Intent

Another common defence is proving that the defendant did not intend the article to be used in fraud. For example, if the item supplied was legitimate or had multiple legal uses, the defendant could argue that they were unaware it would be misused for fraudulent purposes.

Mistake or Misunderstanding

In some cases, the defendant may have accidentally or unknowingly supplied an article that was later used in fraud. Proving that the defendant had no knowledge of the fraudulent intent behind the use of the item can significantly weaken the prosecution’s case.

Importance of Digital and Financial Forensics

Fraud cases often involve digital and financial evidence, which can be highly technical and complex. At Allen Hoole Solicitors, we work closely with leading digital and financial forensic experts who can assist in analysing key pieces of evidence, such as email correspondence, financial transactions, and computer data. These experts help identify any inconsistencies or irregularities in the prosecution’s evidence, which can be crucial in building a successful defence.

For example, our forensic experts may uncover evidence showing that the defendant was not aware of the fraudulent nature of the article or that the evidence provided by the prosecution was unreliable or misinterpreted.

Proceeds of Crime Applications

In many cases involving fraud, the prosecution may also seek a Proceeds of Crime Act (POCA) application to confiscate any financial benefits gained from the fraudulent activity. At Allen Hoole, we have extensive experience in advising clients on these applications and helping them challenge confiscation orders. Our team works to ensure that any proceeds of crime application is handled fairly and that our clients' financial interests are protected.

Why Choose Allen Hoole Solicitors?

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors is uniquely equipped to handle complex fraud cases. Our large team of solicitor advocates and access to leading digital and financial forensic experts provide our clients with a significant advantage in navigating these highly technical offences.

We also have access to the best specialist barristers in fraud law, ensuring that our clients receive top-tier representation throughout their case. Whether you are facing charges for making or supplying articles for use in fraud or dealing with related proceeds of crime applications, our experienced legal team is here to guide you through the process.

If you or someone you know is facing charges of making or supplying articles for use in frauds, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your case is handled with the utmost professionalism and expertise.