Fraud & criminal damage
Fraud under the Fraud Act 2006 is a conduct offence requiring dishonesty and intent to gain or cause loss, with no need to prove that anyone was actually deceived. Criminal damage protects property under the Criminal Damage Act 1971.
What "Fraud & criminal damage" covers
- Fraud (s.1 Fraud Act 2006) is committed by false representation (s.2), failing to disclose information where under a legal duty (s.3), or abuse of position (s.4).
- Fraud by false representation: a dishonest false representation (express or implied, as to fact or law, including as to state of mind) made with intent to make a gain or cause loss/risk of loss; the offence is complete when the representation is made.
- A representation can be made to a machine or system (s.2(5)); no victim need actually be deceived and no gain need result.
- Dishonesty for fraud is assessed on the Ivey v Genting test; 'gain' and 'loss' (s.5) are limited to money or other property.
- Criminal damage (s.1(1) Criminal Damage Act 1971): destroying or damaging property belonging to another, intending or being reckless as to that damage, without lawful excuse.
- Aggravated criminal damage (s.1(2)) adds intention/recklessness as to endangering life by the damage; s.1(3) covers arson (damage by fire).
- Lawful excuse (s.5): honest belief in consent, or acting to protect property with a belief that protection was immediately necessary and reasonable; the belief need not be reasonable if honestly held.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For fraud & criminal damage, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Requiring proof that the victim was actually deceived or suffered loss — fraud by false representation is complete on making the dishonest representation with intent.
- Forgetting arson is charged under the Criminal Damage Act 1971 (s.1 with s.1(3)), not a separate statute.
- Assuming a s.5 lawful excuse belief must be reasonable — an honestly held belief suffices even if unreasonable.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on fraud & criminal damage.
FAQ
Is fraud & criminal damage tested on SQE1?
Yes — fraud & criminal damage is part of the SQE1 Criminal Liability syllabus (FLK2) and can appear in single best answer questions.
How is fraud & criminal damage examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.1 Fraud Act 2006, s.2 Fraud Act 2006) helps.