PART 2CRIMINAL LAW
Fraud and embezzlement
48Alternative charges for fraud and embezzlement
In Schedule 3 to the 1995 Act (indictments and complaints), after paragraph 8(3) insert—
3A
Under an indictment or a complaint for breach of trust and embezzlement, an accused may be convicted of falsehood, fraud and wilful imposition.
3B
Under an indictment or a complaint for falsehood, fraud and wilful imposition, an accused may be convicted of breach of trust and embezzlement.
49Articles for use in fraud
1
A person (“A”) commits an offence if A has in A’s possession or under A’s control an article for use in, or in connection with, the commission of fraud.
2
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
3
A person commits an offence if the person makes, adapts, supplies or offers to supply an article—
a
knowing that the article is designed or adapted for use in, or in connection with, the commission of fraud, or
b
intending the article to be used in, or in connection with, the commission of fraud.
4
A person guilty of an offence under subsection (3) is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.
5
In this section, “article” includes a program or data held in electronic form.