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Fraud By False Representation Explained

Jun 6 2022 | Criminal Law

by Jamie Pellman

by Jamie Pellman

Head of Criminal Defence

In this article
What is a restraint order?

A restraint order is the freezing of assets or accounts in a case where the police suspect someone of benefiting financially through a crime. This order can be sought once investigations have officially started.

Police fraud by false representation procedures

Aggravating Factors:

  • Prior convictions
  • On bail
  • Preventing witnesses from reporting
  • Concealing evidence
  • Placed blame on others

Mitigating Factors:

  • No prior convictions
  • Remorse shown
  • Co-operative with police and/or court
  • Voluntarily reported the offence
  • Activity originally legitimate

What other consequences come from a fraud conviction?

Being convicted of fraud by false representation will result in you having to pay orders to both the court and the victim. The names of these are confiscation and compensation orders respectively.

If you are unable to pay both sums, the court will prioritise the compensation order first.

If you fail to pay the order in full within this time, you could face a prison sentence. This sentence depends entirely on the amount required to pay back, with higher amounts resulting in longer prison time. Importantly, serving this sentence will not wipe the money required for the order.

You can apply to reduce both the time given to pay the orders back and the amount required to pay back. The court will assess your financial situation and reliability to effectively pay back the amount in the time asked and, if deemed fair, will reduce either the time or the amount required.

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