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Fraud Practice Questions

Free NPPF Step 2 Fraud questions with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

Fraud questions test the three ways of committing fraud under the Fraud Act 2006, the related articles offences, and obtaining services dishonestly. Forgery and counterfeiting also sit in this area.

Focus on the elements the prosecution must prove for each type of fraud, and on the knowledge or belief required for forgery offences.

Key legislation and cases

  • Fraud Act 2006, ss.1-7 and 11
  • Forgery and Counterfeiting Act 1981, ss.1-4

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

Copeland applies for a loan online falsely stating she earns £60,000 per year when she earns £22,000. The bank approves the loan on the basis of the stated income. DC Singh considers what offence has been committed. Which of the following is correct?

  1. ACopeland may be guilty of fraud by false representation under s.2 Fraud Act 2006 - she made a false representation knowing it was untrue intending to make a gain
  2. BCopeland is not guilty of fraud as the bank carried out its own checks and chose to rely on her stated income
  3. CCopeland is not guilty of fraud as she may still repay the loan - no permanent loss has occurred
  4. DCopeland is guilty of obtaining property by deception under s.15 Theft Act 1968
Show answer and explanation
Answer: A

s.2 Fraud Act 2006 provides that a person is guilty of fraud if they dishonestly make a false representation and intend thereby to make a gain for themselves or to cause loss to another. The false representation need not actually succeed - it is the making of it with the requisite intent that constitutes the offence. There is no requirement for a completed gain or loss. s.15 Theft Act 1968 was repealed by the Fraud Act 2006 and no longer exists.

s.2 Fraud Act 2006
s.2(1): a person is in breach of this section if he dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or to cause loss to another or to expose another to a risk of loss.
  • B: It is irrelevant whether the bank carried out its own checks. The offence is complete when the false representation is made with dishonest intent - the bank's reliance or otherwise does not determine whether the offence is committed.
  • C: No completed loss is required for fraud by false representation. The offence is made out when the false representation is made with intent to make a gain or cause a loss - whether or not that gain or loss ultimately materialises.
  • D: s.15 Theft Act 1968 - obtaining property by deception - was repealed by the Fraud Act 2006 and no longer exists. The applicable offence is under the 2006 Act.
Worked question 2 of 2Standard

Garner is employed as a secretary. Her employer asks her to photocopy a contract for filing purposes. Garner photocopies the document without knowing that the original contract is itself a forgery - she is unaware of its false nature. She hands the copy to a filing clerk. DC Webb considers whether Garner has committed an offence of using a copy of a false instrument under s.4 of the Forgery and Counterfeiting Act 1981. Which of the following is correct?

  1. ANo offence under s.4 is committed because Garner did not know the original was a false instrument - the offence requires the defendant to know or believe the instrument is false.
  2. BGarner commits an offence under s.4 because she used a copy of a document that was in fact a false instrument - knowledge of its falsity is not required.
  3. CGarner commits an offence under s.4 because she handled the document in the course of her employment - employers and employees are jointly liable for the use of false instruments in a business context.
  4. DNo offence under s.4 is committed because Garner only made a photocopy - using a copy of a false instrument requires actually presenting it to another person to induce a decision, not merely copying it for filing.
Show answer and explanation
Answer: A

Under s.4 Forgery and Counterfeiting Act 1981, a person commits an offence if they use a copy of a false instrument knowing or believing it to be a copy of a false instrument, with intent to induce somebody to accept it as genuine. Knowledge or belief that the instrument is false is an essential element. Garner did not know the original was a forgery - she lacked the required knowledge or belief. No offence is made out. There is no joint employment liability and photocopying for filing is not using it to induce acceptance.

s.4 Forgery and Counterfeiting Act 1981
s.4(1): "It is an offence for a person to use a copy of an instrument which is, and which he knows or believes to be, a copy of a false instrument, with the intention of inducing somebody to accept it as a copy of a genuine instrument, and by reason of so accepting it to do or not to do some act to his own or any other person's prejudice."
  • B: Knowledge or belief that the instrument is false is expressly required under s.4. The offence is not one of strict liability - Garner's ignorance is a complete answer.
  • C: There is no joint employment liability for use of false instruments. Each person's liability depends on their own knowledge and intent.
  • D: While the intent to induce acceptance point is relevant, the more fundamental reason no offence is committed is Garner's lack of knowledge that the instrument was false.

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