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

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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

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Official URL: https://journals.sagepub.com/doi/abs/10.1350/jcla....

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.

Item Type:	Article
Additional Information:	Staff and students at the University of Worcester have access to the full text of the published version via the publisher's website. External users should check availability with their local library or Interlibrary Requests Service.
Divisions:	College of Arts, Humanities and Education > School of Humanities
Related URLs:	https://journals.sagepub.com/home/CLJ Publisher
Copyright Info:	© 2010 SAGE Publications
Depositing User:	Chris Monaghan
Date Deposited:	28 Mar 2024 10:57
Last Modified:	28 Mar 2024 10:57
URI:	https://worc-9.eprints-hosting.org/id/eprint/13758

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