Fraud is by far the most common criminal offence that’s committed in this country. This is in part due to the fact that it can be carried out in such a broad range of different ways, but also due to its relatively high accessibility compared to other crimes.
Despite this, it’s still an offence that not many people know the ins and outs of. This tends to be just fine, until you find yourself involved in an investigation or charged with an offence – at that point, there will likely be a number of questions that you urgently need answered.
Below, we take a closer look at the sentencing aspect of fraud, including its position as an “either way” offence. If you’re involved in a fraud case, it’s imperative that you also seek legal advice from a criminal defence solicitor. The sooner you get that advice, the more effectively you’ll be able to get working on your defence, and the better the outcome will likely be.
What is an “either way” offence?
There are three different kinds of offences in the UK: summary only, indictable only, and “either way”.
First off, an “either way” offence in the UK is one that can be heard in either the Magistrates’ Court or in the Crown Court. Which court it will be heard in depends on the circumstances of the case in question (in other words, in particular, the kind of sentence it will likely result in) and the defendant’s own personal preferences.
Common “either way” offences include ABH, possession of drugs with intent to supply, and fraud.
Summary only
Summary-only offences are less serious than both “either way” and indictable-only offences. They can only be heard in Magistrates’ Court, and will carry relatively low sentences. Common summary only offences include common assault and a range of driving offences, such as speeding or driving without insurance.
Indictable only
Indictable only offences are the most serious offences, and can only be heard in the Crown Court. These offences tend to result in serious custodial sentences being handed down, and include crimes such as murder, robbery and rape.
Magistrates court
Magistrates’ Courts tend to deal with less serious criminal offences. The case will not be heard by a jury, but will instead be dealt with by a kind of judge called a Magistrate.
Due to the fact that there is no jury, and the judges are less comprehensively trained, cases heard in the Magistrates’ Court can only result in a custodial sentence of up to 6 months for single offences, or up to 12 months for multiple offences.
Crown court
In the Crown Court, the case will be judged by both a jury of 12 randomly selected members of the public and a High Court judge, circuit judge or recorder, depending on the severity of the offence in question.
Crown courts can be used to deal with the most serious of offences, handing out the most severe custodial sentences and fines available.
Fraud defined
To understand why fraud is an “either way” offence, it helps to first have an understanding of the offence itself. Fraud is primarily defined under the Fraud Act 2006. According to the act, someone is guilty of fraud if they intentionally and dishonestly use some form of deception to bring about personal gain or cause loss to another.
This can be done in three different ways: via false representation, failing to disclose information, or abuse of position. In some cases, there might be some overlap between these.
Variation in practical severity
Due to the broad definition of the offence, it can result in cases that are immensely varied in terms of severity.
On one end of the scale, you could have someone defrauding HMRC of millions of pounds – a separate common law offence that can result in life imprisonment. At the other end of the scale, you could have someone defrauding a buyer on Facebook Marketplace out of £300, with the defendant facing a fine if found guilty.
Both could potentially count as criminal acts of fraud, but there is an immense difference in how each of those acts will be dealt with in a court of law.
Sentencing for fraud
According to the sentencing guidelines, those found guilty under the Fraud Act 2006 can face a maximum sentence of up to 10 years in prison, with an offence range of between discharge and 8 years in prison, making it an either way offence. As a result, you can be tried in either a Magistrates’ Court or the Crown Court, depending on the probable sentence that your specific case would result in.
If you are charged with the common law offence of Conspiracy to Defraud, however, you will be triable only on indictment, meaning that your case must be dealt with in the Crown Court.
With either way offences, you can sometimes choose if you want your trial to take place in a Crown Court instead of a Magistrates’ Court, if you and your solicitor decide that your case might be dealt with more favourably by a jury.
Upcoming changes to the law
It’s important to note that the way that either way offences are dealt with may be subject to certain changes. The justice secretary recently announced that jury trials will soon only be available for people facing sentences of three years or more, with Magistrates’ Courts taking on a lot more of the judicial burden.
There has been a significant kickback against these suggested changes, and it is not currently clear how they will end up being implemented. It will, however, likely change the way in which either way offences are dealt with, and it’s important that your solicitor remains up to date with those changes.
Fraud is a serious offence that can result in hefty custodial sentences. It’s vital that you seek legal counsel at the earliest opportunity available to you, so that you can get to work on your defence. The longer you have, the better the outcome will likely be.
If you have further questions you can contact our team of criminal defence solicitors on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).
