Arrested, under investigation or at the police station? Call 07494 299377, 24 hours.
A fraud allegation can begin with a call from the police, an unannounced arrest, a request to attend a voluntary interview or the seizure of mobile phones, paperwork and computers. Fraud offences are often investigated over months, sometimes before a suspect knows they are being considered. What is said at the first interview can shape the direction of the case, so early advice from a criminal defence solicitor matters.
Whether you are accused of dishonest transactions, false documents, benefit fraud, business fraud or using another person’s details, the immediate priority is protecting your rights. Cooper Hall Solicitors provides criminal defence representation for people in Bradford, Blackburn and across England, including 24-hour police station representation when urgent help is needed.
What counts as a fraud offence?
The main law is the Fraud Act 2006. Section 1 creates a single offence of fraud that can be committed in three different ways: by false representation under section 2, by failing to disclose information when there is a legal duty to disclose it under section 3, or by abuse of position under section 4.
The prosecution must prove dishonesty and an intention to make a gain for yourself or another, or to cause loss or expose another person to a risk of loss. A gain or loss can relate to money, property or other interests. The intended loss does not always have to happen for an allegation to be investigated or prosecuted.
False representation can include supplying information that is untrue or misleading, including information sent electronically. Abuse of position may be alleged where someone is expected to safeguard another person’s financial interests but is said to have acted against them. The facts matter greatly. An inaccurate statement is not automatically fraud, and a transaction that appears suspicious may have an innocent explanation.
Other offences can also arise depending on the allegation. These may include theft under the Theft Act 1968, false accounting under section 17 of that Act, money laundering offences, or offences involving identity documents. The precise allegation should be identified before any detailed account is given to investigators.
Arrest, voluntary interview and your rights
Police may arrest a person where they believe it is necessary and lawful to do so. Alternatively, they may invite someone to attend a voluntary interview under caution. “Voluntary” does not mean informal or risk-free. Anything said can be recorded and later used as evidence.
At a police station, you have the right to free and independent legal advice. You can ask for a solicitor before questioning begins and request advice in private. Under Code C of the Police and Criminal Evidence Act 1984, a detained person must be told about their rights and entitlements, including the right to legal advice. Code C also sets rules for how interviews must be conducted and recorded.
The police may ask questions about bank accounts, messages, invoices, applications, company records or contact with other people. In a complex case, officers may have material that they do not disclose in full at the start. A solicitor can consider the information provided, explain the options and advise on how to approach the interview.
There is no universal answer to whether a person should answer questions, provide a prepared statement or exercise their right to silence. It depends on the allegation, the available evidence, any explanation that needs to be put forward and the risks of adverse inferences at a later stage. Decisions should be made after receiving proper advice, not because an officer suggests that speaking quickly will make the matter go away.
What happens after a fraud investigation?
After interview, the police may release a person without further action, continue the investigation, release them on bail or release them under investigation. Bail conditions can restrict contact with named people, travel or access to particular premises. They should be taken seriously. Breaching conditions can lead to arrest and may affect how the police view the case.
Fraud investigations commonly involve digital evidence and financial records. Police may seek information from banks, employers, companies, online platforms and other public bodies. Devices can be examined, and investigators may compare messages or documents against transaction histories. This can take time, particularly where there are large volumes of data or multiple suspects.
Before a charge is authorised, the Crown Prosecution Service applies the Code for Crown Prosecutors. The Full Code Test asks first whether there is sufficient evidence for a realistic prospect of conviction and then whether a prosecution is required in the public interest. The CPS may advise the police during a serious or complex investigation, although the exact process varies with the case.
If charged, the court will deal with the allegation according to its seriousness. Less serious matters may be heard in the magistrates’ court. More serious fraud cases can be sent to the Crown Court. The court will set directions for the case, including disclosure of prosecution material and the timetable for entering a plea or preparing for trial.
Sentencing for fraud offences
Fraud can carry significant penalties. The maximum sentence for fraud under the Fraud Act 2006 is 10 years’ imprisonment following conviction on indictment, although maximum sentences are not a prediction of what will happen in an individual case.
Sentencing depends on the level of harm and the offender’s culpability. The Sentencing Council’s guideline for Fraud, Bribery and Money Laundering Offences considers factors including the value involved, the sophistication and duration of the conduct, the number of victims, planning, abuse of trust and the impact on those affected. A court also considers personal mitigation, previous convictions, an early guilty plea where appropriate, and steps taken to address harm.
Possible outcomes range from a discharge or community order to a financial penalty or imprisonment. Confiscation proceedings may also be considered under the Proceeds of Crime Act 2002 if the prosecution says a person has benefited from criminal conduct. These proceedings are separate from sentence and can have serious financial consequences.
Practical steps if you are under investigation
Do not delete messages, alter documents or contact potential witnesses to discuss what they might say. Conduct of that kind can create further difficulty, even where the original allegation is disputed. Keep a clear record of events, relevant dates and any documents that may support your account.
If police contact you, establish whether they want you to attend an interview, whether you are under arrest and what offence is being investigated. Ask for legal advice before discussing the allegation in detail. If officers wish to search premises or seize property, remain calm and avoid obstructing them, but make a note of what has been taken and request a record where appropriate.
Fraud allegations can also affect work, family life and finances long before a court date is set. It is sensible to avoid speculation on social media and to obtain advice early, especially where there are business records, shared accounts or a possible misunderstanding about authority to act.
Frequently asked questions
Can the police take my mobile phone in a fraud investigation?
They may seize a mobile phone or other device where they have lawful powers and believe it may contain evidence. Ask for details of the property taken and obtain advice about the scope of the investigation.
Do I have to attend a voluntary police interview?
You do not have to agree without first obtaining legal advice. Ignoring contact from the police can make matters more complicated, so speak to a solicitor promptly about the invitation and the allegation.
Will a fraud allegation always lead to a charge?
No. Investigators must gather evidence, and the CPS charging test must be met where the CPS is involved. Some investigations end without a charge, but no outcome should be assumed at an early stage.
Can I get free legal advice at the police station?
Yes. Legal advice at the police station is free, regardless of your financial circumstances. You can ask for a solicitor when arrested or before a voluntary interview under caution.
How long do fraud investigations take?
There is no fixed timeframe. A case involving bank records, digital evidence, several people or a large number of transactions can take considerably longer than a straightforward allegation.
Being investigated does not mean you should face the process alone. Clear advice at the police station and throughout an investigation can help you understand the allegation, preserve your position and make informed decisions.
Arrested, under investigation or at the police station? Call 07494 299377, 24 hours.
