To Prosecute or Not to Prosecute? A Reconsideration of the Over-Zealous Prosecution of Parents under the Fraud Act 2006

Monaghan, Chris ORCID: https://orcid.org/0000-0001-9331-804X (2010) To Prosecute or Not to Prosecute? A Reconsideration of the Over-Zealous Prosecution of Parents under the Fraud Act 2006. Journal of Criminal Law, 74 (3). pp. 259-278. ISSN Print: 0022-0183 • Electronic: 1740-5580

Abstract

The Fraud Act 2006 has received considerable public attention and press coverage as a result of the unsuccessful attempt to prosecute a mother for allegedly lying on her son's school application form. This article argues that it was inappropriate to begin proceedings using the Fraud Act 2006 in such circumstances. The use of fraud, which has become a catch-all offence under the Act, is dangerous. The prosecution attempted to stretch the statutory provisions of the Act and fell foul of the meaning of ‘gain’ or ‘loss' and the principle of ‘remoteness’.
This article submits that it is wrong to criminalise behaviour just because we find it morally or socially objectionable. Consideration will also be given to whether there are other, more appropriate sanctions which may be taken in such circumstances.

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