Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Deception definition

What does Deception mean? Deception describes misleading another person, by words or conduct, about a matter of fact, law, or present intention (one’s own or another’s), so that they act in a way they otherwise would not—such as transferring property, providing services, or assuming a liability. In England and Wales and in Northern Ireland, historic “deception” offences (including obtaining property by deception under the theft Act 1968, s 15) were repealed and replaced by the Fraud Act 2006. The 2006 Act no longer uses the term “deception”, focussing instead on fraud by false representation, failure to disclose information, and abuse of position....

Fraud Act 2006 s 11: Obtaining services dishonestly – elements, dishonesty (Ivey/Barton), intention to avoid payment, ECCTA corporate liability and sentencing

Published by a LexisNexis Corporate Crime expert

Practice notes

Obtaining services dishonestly

Under the Fraud Act 2006 (FrA 2006), it is an offence for a defendant to secure, by any dishonest conduct, services for which payment is required, intending to evade that payment.

obtains for themselves or another person
services
dishonestly
knowing the services are provided on the basis that payment has been, is being, will be, or could be required for them, or in respect of them
intends to avoid payment in whole or in part

The defendant must know the services are made available on a chargeable basis, or that they might be chargeable. Services offered free of charge are not caught by this offence.

This offence may occur in circumstances that might otherwise be prosecuted under s 1 FrA 2006, or may align more closely with making off without payment under section 3 of the theft Act 1978 (TA 1978).

To obtain by act or by omission?

The service must in fact be obtained. It is not possible...

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Web page updated on 21/05/2026

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