What is Fraud?
Fraud is an act of dishonesty for personal advantage. It is one of the most extensive fields of dishonesty, and there are several sorts of fraud. If you are accused of fraud, you may face harsh consequences.
What Are Examples of Fraud in Scotland?
It can take numerous forms, including falsely obtaining property or money from someone with the owner’s permission. Fraud happens when a person creates a false pretence to mislead the victim into acting in a way they would not otherwise have behaved, such as giving over possessions. In Scotland, it is mostly a common law problem, and there are several statutory offences, including:
Statutory Frauds
Common law fraud
Uttering (presenting something as real when it is a fabrication).
Embezzlement
The Prosecution of Fraud Offences and Crimes of Dishonesty
The Police Service of Scotland investigates frauds that occur in Scotland. These complex situations are dealt with by specialist units in each location. In the event of Serious Fraud Offences (SFO), the ministerial head of the Crown Office and Procurator Fiscal Service (COPFS) may use specific powers to compel a person to answer questions and give information. Allegations can be quite complicated, with copious evidence dating back many years. As a result, you must contact a fraud defence solicitor immediately if you find yourself being investigated.
Only the COPFS has prosecutorial jurisdiction in Scotland. Most matters are handled by the local Procurator Fiscal. Fraud is a major crime. Thus, a major Organised Crime Division was established, along with an Economic Crime Unit for the most serious cases. This team has dealt with high-profile fraud and insurance-related crimes.
Penalties for Fraud in Glasgow, Edinburgh and Across Scotland
After the investigations have taken place and with the evidence available to the prosecutor, you may receive either:
- Summary complaint: Used for less serious offences Heard by the Sheriff Court without a jury Maximum imprisonment = 12 months And/or a fine
- An indictment: Used for more serious offences Heard by the Sheriff court and a jury or the High Court. At the Sheriff Court, the punishment can be an unlimited fine and up to 5 years imprisonment. The high court can give out a life sentence to individuals.
Fraud Defence Lawyer
Fraud trials are sometimes evidentially complicated, but at their core is a basic question: did the accused make a purposefully false statement to achieve a specific result? That straightforward issue is frequently overlooked, particularly when the context is very specific (for example, when the fraud is claimed to have occurred as part of a business transaction) and there is a considerable number of paperwork. When fraud is discovered, it is typically difficult to determine who was involved.
Fraud cases also take a long time to progress from the initial report to the decision to prosecute and even longer to reach court. It is not unusual for accused people to do nothing in the meantime; they prefer to wait and see what happens with the allegation before hiring counsel. However, the delay might allow a chance to grasp the accusation and, if necessary, to make submissions to the Crown as to why the matter should not proceed. A successful pre-prosecution challenge can save years of concern and company interruption, not to mention savings in legal fees.
Contact Criminal Defence Lawyer Scotland’s Expert Criminal Defence Lawyers
Criminal Defence Lawyers Scotland provides a service of the highest possible quality to all of its clients, regardless of whether the case is supported privately or through legal aid. It is possible to guarantee that clients will receive complete confidentiality and discretion.
Our offices are located in a convenient location close to the city heart of Glasgow, but we have operations all throughout Scotland. The company provides a service that is available around the clock, every day of the year, for clients who are in the custody of the police.
Please take note that although we continue to offer assistance in courts located throughout Scotland, we have the right to exercise our discretion on whether or not to accept instructions in any matter, including those involving legal aid.
