Fraud by false representation
(1) A person is in breach of this section if he- (a) dishonestly makes a false representation, and (b) intends, by making the representation (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. (2) A representation is false if (a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading. (3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of- (a) the person making the representation, or (b) any other person. (4) A representation may be express or implied. (5) For the purposes of this section a representation may be regarded as made if it(or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). 2not exceeding 12 months* and/or a £5,000 fine.10 years and/or a fine.
5.2 Possession of any article(s) for use in the course of or in connection with any fraud
OffenceSectionSentenceIndictment (1) A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud. (2) A person guilty of an offence under this section 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) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months. 6not exceeding 12 months* and/or a £5,000 fine.5 years and/or a fine.
5.3 Making or supplying articles for use in fraud
OffenceSectionSentenceIndictment (1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article- (a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or (b) intending it to be used to commit, or assist in the commission of, fraud. (2) A person guilty of an offence under this section 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). (3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months. 7not exceeding 12 months* and/or a £5,000 fine.10 years and/or a fine. *applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months
5.4 Consumer Protection from Unfair Trading Regulations 2008 These Regulations came into force on 26 May 2008. They implement the Unfair Commercial Practices Directive (UCPD) in the UK, and replace several pieces of consumer protection legislation that were in force prior to 26 May 2008, including the Trade Descriptions Act 1968. The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business to consumer practices (but elements of business to business practices are also covered where they affect, or are likely to affect, consumers). The application of these regulations in relation to intellectual property crime will have to be tested before the courts. When deciding which offence(s) are appropriate the date of the offence will be an important factor, particularly if you are contemplating using these regulations.