Fraud and the Law Commission: the future of dishonesty

Abstract

Considers some recommendations proposed by the Law Commission report on fraud, especially regarding the future role of dishonesty in offences involving fraudulent conduct, and the report’s proposal for the creation of a new offence of fraud plus another new offence of obtaining services dishonestly. Outlines the advantages of a single law of fraud, as the report sees them, and comments on them. Examines how the concept of dishonesty features in the draft bill attached to the report, mentioning the Ghosh approach to determining dishonesty, and the human rights perspective. Assesses the possible effects of the draft bill, which would if enacted a general offence of fraud; the three ways that the new offence would be committed are by false representation, wrongfully failing to disclose information, and fraud by abuse of position. Commends the report for proposing the abolition of various overlapping, technical and complexes offences of dishonesty, but argues that the draft bill still contains or creates a dishonesty offence.

Citation

Kiernan, P. and Scanlan, G. (2003), "Fraud and the Law Commission: the future of dishonesty", Journal of Financial Crime, Vol. 10 No. 3, pp. 199-208. https://doi.org/10.1108/13590790310808790