Q&As

Is it an offence for a person to submit a cheque in the knowledge that the cheque cannot be honoured due to sufficient funds?

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Published on LexisPSL on 10/10/2016

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Is it an offence for a person to submit a cheque in the knowledge that the cheque cannot be honoured due to sufficient funds?
  • False representation under the Fraud Act 2006
  • Cheques and false representation

Is it an offence for a person to submit a cheque in the knowledge that the cheque cannot be honoured due to sufficient funds?

False representation under the Fraud Act 2006

Fraud by false representation is an offence under section 2 of the Fraud Act 2006 (FrA 2006).

The elements of the offence are that the defendant:

  1. made

  2. a false representation

  3. dishonestly

  4. knowing that the representation was or might be untrue or misleading

  5. with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss

A representation may be express or implied. It can be stated in words or communicated by conduct, and there is no limitation on the way in which the representation must be expressed. The offence is complete as soon as the defendant makes a false representation, if it is made with the necessary dishonest intent.

The offence requires a causal link between the intention and the making of

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