PART 2

CRIMINAL LAW

Fraud and embezzlement

Articles for use in fraud
49
1
A person (“A”) commits an offence if A has in A’s possession or under A’s control an article for use in, or in connection with, the commission of fraud.
2
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
3
A person commits an offence if the person makes, adapts, supplies or offers to supply an article—
a
knowing that the article is designed or adapted for use in, or in connection with, the commission of fraud, or
b
intending the article to be used in, or in connection with, the commission of fraud.
4
A person guilty of an offence under subsection (3) is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.
5
In this section, “article” includes a program or data held in electronic form.