Possession or Control of Articles for Use in Fraud

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.

An ‘article’ includes any program or data held in electronic form. This addresses the importance of computer technology in the perpetration of frauds.

A person convicted of this offence is liable to:

  • A term of imprisonment not exceeding 6 months and or a level 5 fine (£5000), if dealt with in the Magistrates Court, and
  • A term of imprisonment not exceeding 5 years and or an unlimited fine, if dealt with in the Crown Court.

Making or Supplying Articles for Use in Fraud

A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article:

  • knowing that it is designed or adapted for use in the course of or in connection with fraud, or
  • intending it to be used to commit, or assist in the commission of, fraud.

A person guilty of an offence under this section is liable

  • to a term not exceeding six months imprisonment and/or to a fine not exceeding £5000, if dealt with in the Magistrates court,
  • to a term not exceeding 10 years imprisonment and/or an unlimited fine, if dealt with in the Crown court.

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