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Theft & Fraud Solicitors

Theft and fraud charges turn entirely on what the prosecution can prove about your intent. A specialist solicitor attacks the evidence before you decide how to plead — not after.

Theft, fraud, handling stolen goods, money laundering, and benefit fraud are offences where the prosecution must prove dishonesty and — for most — a specific mental element. The difference between an act that is dishonest and one that is not is often a matter of degree, context, and what the jury is told about how the defendant understood the situation. A specialist solicitor analyses the prosecution evidence, tests the dishonesty element, and builds the defence from the first instruction.

Theft & shoplifting Fraud & false representation Benefit fraud & HMRC offences Free initial consultation

Theft & Fraud — The Offences and Defences

Theft and fraud charges — what the prosecution must prove and where the defence can succeed.

Dishonesty offences require the prosecution to prove specific mental elements. Where the prosecution cannot prove dishonesty, the charge fails. A solicitor analyses the evidence before any decision on plea is made.

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Theft — the Ghosh test and dishonesty

Theft under the Theft Act 1968 requires the appropriation of property belonging to another, with the intention of permanently depriving the owner of it, and dishonestly. Following the Supreme Court decision in Ivey v Genting Casinos [2017], dishonesty is assessed objectively — whether a reasonable person would regard the conduct as dishonest. A genuine belief in a legal right to the property can defeat dishonesty. A solicitor will assess whether the prosecution can establish dishonesty on the facts and what the defendant genuinely believed about their entitlement.

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Fraud — false representation and failure to disclose

Fraud by false representation (section 2 Fraud Act 2006) requires a false representation, known to be untrue or misleading, made dishonestly with intent to make a gain or cause a loss. Fraud by failure to disclose (section 3) requires a legal duty to disclose information. Fraud by abuse of position (section 4) requires a position of trust exploited dishonestly. Each offence has specific elements — and the prosecution must prove every one. A solicitor will review the evidence and advise on which elements are genuinely in dispute.

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Benefit fraud and DWP investigations

Benefit fraud allegations typically follow a DWP investigation — often triggered by an anonymous tip-off, data matching, or a change in circumstances that was not reported. The DWP may offer a caution instead of prosecution for lower-value offences. A solicitor will advise on whether to accept a caution (which requires an admission of guilt and has lasting disclosure consequences) or contest the allegation — and assess whether the DWP evidence of both the alleged false representation and the overpayment is reliable.

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Computer misuse and cyber-fraud

Computer Misuse Act 1990 offences — unauthorised access, unauthorised access with intent, and unauthorised acts causing impairment — and cyber-enabled fraud (using online platforms to commit fraud) are increasingly common charges. These offences require specific technical evidence — and a solicitor will ensure that the technical evidence is properly scrutinised and that any expert evidence relied on by the prosecution is challenged where appropriate.

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Handling stolen goods

Handling stolen goods (section 22 Theft Act 1968) requires knowledge or belief that the goods were stolen at the time of handling. A genuine belief that goods were legitimately obtained defeats the charge. The prosecution often infers knowledge from the circumstances — a very low price, damaged or removed serial numbers, cash-only purchase with no receipt. A solicitor will advise on whether the inference of knowledge is sustainable on the evidence, or whether a genuine innocent explanation is credible on the facts.

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Confiscation and asset recovery

A conviction for a qualifying offence — including fraud and theft — triggers a confiscation hearing under the Proceeds of Crime Act 2002. The prosecution will seek to confiscate the benefit of the offending — which may include assets the defendant lawfully owns, if the court finds a "criminal lifestyle." The confiscation assessment is separate from sentencing and can produce an order far exceeding the actual loss from the offence. A solicitor who specialises in POCA will defend the confiscation assessment and challenge the prosecution's benefit calculation.

How It Works

In theft and fraud cases, the prosecution's case is built on documents and records — and its weaknesses are found the same way.

A solicitor will review the full prosecution disclosure — financial records, interviews, digital evidence — and identify what the prosecution can and cannot prove before advising on any plea.

Submit Your Request
1

Describe the allegation

Tell us the offence alleged, the value involved, whether you have been interviewed, and the stage of the proceedings.

2

Solicitor reviews the prosecution evidence

A fraud and theft specialist analyses the prosecution disclosure and identifies the elements they can — and cannot — prove.

3

Free initial consultation

You receive frank advice on the strength of the prosecution case and the realistic options for your defence.

Free Initial Consultation

A fraud conviction can end a career and trigger a confiscation order that reaches into everything you own. The defence must be built before the evidence settles.

Get specialist theft and fraud defence advice — and a clear assessment of what the prosecution can and cannot prove.

Get My Defence Assessed

Common Questions

Theft & fraud offences — what people ask us.

I am accused of stealing from my employer. Is it automatically a serious charge?

Not automatically — but theft by an employee in a position of trust is treated as an aggravating factor under the Sentencing Guidelines. The value of the theft, the period over which it occurred, and the degree of planning all affect the seriousness level. A one-off opportunistic theft is treated very differently from a sustained campaign of embezzlement. A solicitor will advise on where the offence falls in the guidelines and what the realistic sentencing range is — and present mitigation to achieve the lowest outcome.

The DWP is investigating a benefit overpayment. What should I do?

Take legal advice before attending any DWP interview or responding to any DWP letter. The DWP conducts criminal investigations under PACE — interviews are conducted under caution and the answers form part of the evidence. A solicitor will advise on whether the alleged overpayment was genuinely the result of a failure to report, or whether the DWP's calculation is wrong. Many benefit overpayment cases involve errors by the DWP itself — and a solicitor will challenge the overpayment calculation before any admission of criminal liability.

I bought something cheaply online and it turned out to be stolen. Am I guilty of handling?

Only if you knew or believed the goods were stolen at the time you handled them. An innocent purchaser who has no reason to believe the goods were stolen does not commit the offence. The prosecution infers knowledge from the circumstances — but a genuine innocent explanation (the price was reasonable, the seller appeared legitimate, you had no reason for suspicion) negates the required knowledge. A solicitor will advise on the evidence available and how best to present the innocent purchase explanation at trial.

What is the maximum sentence for fraud?

Fraud Act 2006 offences carry a maximum of 10 years' imprisonment. The actual sentence depends on the harm caused, the culpability of the offender, and the aggravating and mitigating factors. The Sentencing Guidelines for fraud set out a matrix based on the financial loss and the offender's role. High-value frauds committed over a sustained period by an offender in a position of trust attract the longest sentences. A solicitor will analyse where the specific offence falls in the guidelines and prepare mitigation to achieve the lowest realistic outcome.

Can I avoid a criminal record for a minor theft?

Possibly — for a first-offence low-value theft, the police may offer a Conditional Caution rather than prosecution. A Conditional Caution requires the defendant to meet specified conditions (typically reparation and attendance at a programme) — if met, no further action is taken. Unlike a simple caution, a Conditional Caution requires the defendant to admit the offence and is recorded on the PNC. Where a caution is not appropriate and a first offence is charged, the magistrates' court has discretion to grant an absolute or conditional discharge — which, while technically a conviction, does not result in a fine or other substantive penalty.

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