Criminal Law Report: Exploring Purpose, Punishment, and Fraud Act 2006

This report provides a detailed analysis of criminal law, exploring its purpose and the societal goals of punishment, including retribution, deterrence, incapacitation, rehabilitation, and restoration. The report then delves into the specifics of the Fraud Act 2006, outlining the ways in which a person may be convicted of fraud, such as fraud by false representation, failing to disclose information, and abuse of position. It also examines the potential penalties associated with fraud convictions. Furthermore, the report addresses the difficulties encountered during the prosecution of fraud cases, considering factors such as dishonesty and the availability of evidence. The document concludes with a summary of the key concepts covered.

Criminal law

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Discuss the purpose of criminal law and consider what society hope to achieve from
punishment?................................................................................................................................3
Explain the ways in which a person may be convicted of Fraud under Fraud Act 2006............4
Difficulties faced while prosecuting .........................................................................................5
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Criminal law are those rules and regulations that has been formed in order to control
activities of criminal nature. These laws provide concrete legislations and code of criminal
conduct which helps in dealing upon crimes happening within society. Criminal law has wider
scope as it deals upon various elements existing within society. Also nature is dynamic due to its
tendency of impacting society at large. In this file things to be covered is based upon criminal
law and Fraud Act 2006.
TASK
Discuss the purpose of criminal law and consider what society hope to achieve from
punishment?
Criminal law means the body of criminal offences that regulates understanding in relation
proceedings and trial to be done within criminal proceedings. Under these laws penalties and
punishment is been prescribed upon various criminal offences committed by an offender. These
laws also operates upon devices which helps in organizing society through which protection is
done of society in relation to crime taking place within it. These laws deals upon conduct that is
related to threatening, harmful, or otherwise endangering to the property, health, safety, and
moral welfare of people inclusive of one's self (Majidi and Tajabadi, 2019). Such laws has been
formed with the help of statutes that has been enacted by legislature or law formed in relation to
it. Criminal laws involves punishment and rehabilitation for an individual violating these laws.
Purpose of criminal law is to maintain peace and order within society through imposing
punishment over crimes that is been committed by an individual. Society seeks to achieve five
major objectives through punishment which are retribution, deterrence, incapacitation,
rehabilitation and restoration. Further these objectives has been explained as follows:
Retribution: As per this criminals is required to be punished in certain manner. This is
one of the most oldest and widely accepted objective of punishment. Criminal takes advantages
or inflicting unfair detriment over consequences that put criminal law at some unpleasant
disadvantage for balancing scale. In this an individual is required to follow the laws that has been
formed and if due to any reason violation takes place then punishment has to be imposed upon
them in order to create balance within the society (Manacorda, 2018).

Deterrence: This is based upon specific offender which aims over imposing penalties in
order to moderate criminal behaviour and discouraging it is based upon individual's behaviour.
In general deterrence aims over society at large and makes sure that penalties with punishment is
imposed over offences in order to discourage criminal activities within society(Lev, 2018).
Incapacitation: It has been formed to keep criminals separated from society in order to
protect from misconduct. This has lead over formation of prison within society for serving of
sentence passed by judges. Death penalty is given only under certain circumstances.
Rehabilitation: This aims at improving an offender and make them valuable part of
society. Main goal of this is to prevent an offense through making them attain social value
through improving there psychological condition.
Restoration: Under it victim-oriented is been focused upon and the goal is to repair state
authority and inflicting victim by an offender. This can be understood through an example that is
one who does not pay the amount on time is required for paying amount that is debt for him.
restoration helps in restoring of laws that is related to criminal offences.
Explain the ways in which a person may be convicted of Fraud under Fraud Act 2006
Fraud Act 2006 is an act that has been formed for controlling of offences that is related to
fraud. The act has specified ways within which fraud can be committed. Also act provides
concrete definition which is related to criminal offences of fraud that has been defined within
three classes that is fraud by false representation, fraud in relation to disclosing information and
fraud done by using position. Under it person is found guilty upon fraud makes him liable for
both fine and imprisonment of twelve months which can be extended over ten years or lifetime
under special circumstances (Barabas, 2020). The act has replaced laws related over obtaining
property through deception, obtaining a pecuniary advantage over it. These offences in earlier
times were hard to be proven within the court due to complex process involved within it at time
of proving in court. The new act has replaced all the complexity involved within the process
and makes process easier in better manner. Further detail is been given under section 2, 3 and 4
of the act that is as follows:
Fraud by false representation: In this any kind of representation as to fact or law should be
expresses or implied. In order to prove facts to avoid misleading within an case.

Fraud by failing to disclose information: Under such type of offence a person fails over
disclosing information over third party when they have been obliged or omission has been done
while disclosing information related over case.
Fraud by abuse of position: In such offence where an person occupies a position which is
expected over safeguarding financial interests of other person or has misused his position. It
indicates about omission upon an act that has been done by an individual.
Maximum penalty can be applied for offence as per section 1,7 and 9 which has been
prescribed as 12 months imprisonment. Further section 10 of the act increases penalties and
imprisonment up to 10 or 15 years.
Difficulties faced while prosecuting
Difficulties can occur while prosecuting only when the person has not acted dishonestly
or have not made any secret gains for themselves. Also difficulties occur in relation to proving
the fraud as appropriate evidences should be presented for prosecuting an individual or an
organization in relation to fraud mentioned under the act (Anleu, 2020).
CONCLUSION
From the above discussion it is clear that criminal laws are the laws which provide
concrete framework to deal with crimes existing in society. Further the file covers about criminal
law and its impact upon society in relation to outcome of punishment is done. In the end Fraud
act with conviction clause is covered. Then difficulties has been explained faced while
prosecuting for offences related to fraud is covered.

REFERENCES
Books and Journals
Anleu, S.R., 2020. Sociology of deviance and criminal law. In Research Handbook on the
Sociology of Law. Edward Elgar Publishing.
Barabas, C., 2020. Beyond Bias: Re-Imagining the Terms of" Ethical AI" in Criminal Law. Geo.
JL & Mod. Critical Race Persp.. 12. p.83.
Lev, D.S., 2018. The criminal regime: criminal process in Indonesia. In Figures of criminality in
Indonesia, the Philippines, and colonial Vietnam (pp. 175-192). Cornell University
Press
Majidi, S.M. and Tajabadi, F., 2019. Security-oriented criminalization techniques in Iranian
criminal law. Journal of Studies in Islamic Law & Jurisprudence. 11(21). pp.289-316.
Manacorda, S., 2018. The Taricco saga: A risk or an opportunity for European Criminal Law?.
New Journal of European Criminal Law. 9(1). pp.4-11
Munthe, R. and Hidayani, S., 2020. Legal protection on sinking victims of KM. Sinar Bangun
Ship at Toba Lake in the criminal law perspective. Budapest International Research and
Critics Institute journal: humanities and social sciences. 3(1). pp.437-451.