Rabea Ashraf

Supervision 7: Skills Session 2 Statutory Reading

Supervision 7: Skills Session 2

Statutory Reading, Interpretation and Appraisal
1. The elements of the Offences as they are identified in the Statutes.
The elements of the Theft Act 1968 include: obtaining property through
dishonesty/perception. Obtaining a money transfer by dishonesty, obtaining pecuniary
advantage by deception.
The elements of the Theft Act 1978 include: obtaining services by deception, evasion of
liability by deception, to make permanent default on any existing liability to make a
payment.
The elements of the Fraud Act 2006 include: fraud by false representation dishonestly
intending to gain from the fraud and cause loss of another, fraud by failing to disclose
information- dishonestly intending to gain from the fraud and cause loss of another,
Fraud by abuse of position - dishonestly intending to gain from the fraud and cause loss
of another.

2. The similarities and differences between the analogous offences in the

Theft Acts and the Fraud Act.
Similarities include that both acts require dishonesty as an element in the crime.
Differences include that the Fraud Act requires the intention to gain for oneself and
cause a loss of another. Also the first acts headings are very narrow; not all crimes
would fit somewhere under those headings. Moreover, the sentences are not standard
in the first act as some crimes penalties are 10 years and some are, the reason to this
is not apparent. These sentences are standardised in the Fraud Act. Moreover, the first
act requires deceiving a physical person therefore lacks the capacity to deal with
internet usage, ATM machines. This is rectified in the Fraud Act by Section 2,
Subsection 5.

3. Whether the Fraud Act Offences can be considered to be better defined

and more consistent with principle.
Yes, as it standardises sentences, is a lot broader therefore includes a variety of crimes
that can be dealt with under this Act. Also deals with electronic systems, such as
phones, credit cards, internet usage, white collar crimes and ATM machines.