Fraud by False Representation
An offence under s.2 Fraud Act 2006. A person dishonestly makes a false representation intending to make a gain for themselves or another, or to cause loss to another or expose another to a risk of loss. A representation can be express or implied, and can be made to a machine or system as well as to a person.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The statutory definition is precise: 'A person is in breach of this section if he — (a) dishonestly makes a false representation, and (b) intends, by making the representation — (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss.' The offence is complete once the false representation is dishonestly made with that intent — the victim does not actually have to be deceived or to suffer the loss for the offence to be committed.
The Act defines 'false' and 'representation' broadly. A representation is false 'if — (a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading', and 'representation' itself 'means any representation as to fact or law, including a representation as to the state of mind of — (a) the person making the representation, or (b) any other person.' A representation 'may be express or implied', and critically is not limited to human communication: 'a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention)' — covering, for example, a false statement entered into an online form or automated payment system.
Related terms
Official sources
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