It is an offence for a person to possess, or have under their control, any article for use in the course of or in connection with fraud under section 6 of the Fraud Act 2006 (FrA 2006). The elements of the offence are that the defendant:
had in their possession or had in their control
an article
for use in the course of or in connection with any fraud
The Explanatory Notes to FrA 2006 set out that the wording of this offence draws on the offence of 'going equipped' in section 25 of the Theft Act 1968 and is essentially an extension of that offence. However, the offence under FrA 2006, s 6 is wider as it can be committed without the defendant leaving home.
The offence is also based on the case law relating to the mental element of the offence of 'going equipped', which established that proof is required that the defendant had the article for the purpose or with the intention that it be used
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means distribute, disclose, store, use, analyse, copy, reproduce, extract, modify, or adapt in whole or in part.
RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,
Fraudulent trading under the Fraud Act 2006Fraudulent trading under the Fraud Act 2006A defendant who is a sole trader, in a partnership or a trust, commits the offence of fraudulent trading if they are knowingly party to the carrying on of a company’s business either with intent to defraud
BurglaryBurglaryIn most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court.Burglary triable only on indictmentUnder the Magistrates' Courts Act 1980 (MCA 1980), there are some categories of burglary that can only be tried on the Crown
TheftThe offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. However, low level shoplifting within the meaning of section 22A of the Magistrates’ Courts Act 1980 (MCA 1980) (where the value of the stolen goods does not
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