Thursday 23 January 2020

UK England and Wales: articles for use in connection with any fraud

The ICLR has produced a summary for R v Smith, a decision of the Court of Appeal (Criminal Division) from several days ago that has not (yet) been published on BAILII: see here. The decision is an important one concerning the application of section 6(1) of the Fraud Act 2006, which provides that "[a] person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud". The court held that section 6(1) was wide enough to encompass articles created after the commission of the fraud offence: it could include, therefore, a document that had been created subsequently in order to mask or hide a fraud.

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