Proceeding contribution from Mike O'Brien (Labour) in the House of Commons on Monday, 12 June 2006. It occurred during Debate on bill on Fraud Bill [HL].
Fraud Bill [Lords]
May I make it clear that clause 6 does not go too wide, in my view? It does not introduce a strict liability offence in any way. Its wording draws on the wording of section 25 of the 1968 Act in order to attract the case law that goes with that section—notably the case of Ellames, which is referred to in the explanatory notes and which established that the prosecution have to prove a general intention that the article will be used by the possessor, or by someone else, for a fraudulent purpose. We are not dealing with a strict liability offence for which members of the Magic Circle or ordinary honest citizens are going to be caught.
Secondary information
- Type
- Proceeding contribution
- Reference
- 447 c542
- Session
- 2005-06
- Chamber / Committee
- House of Commons chamber
- Subjects
- Disclosure of information Contracts Abuse Crime Conspiracy Criminal law Corruption Common law Credit cards Fraud Jurisdiction International cooperation Internet Organised crime Prosecutions Misrepresentation Victims Right of silence Sunset clauses
- Legislation
- Fraud Bill (HL) 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2024-04-21 12:16:54 +0100
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