What is fraud?
Fraud generally consists of the dishonest making of a false statement or other representation (eg somebody pretending to be a representative of a bank or other business) with the intent to cause harm or loss to the person being deceived. Fraud can also occur when somebody fails to disclose information they should disclose or abuses their position.
Fraud is prohibited by various criminal offences, largely set by the Fraud Act 2006. Key examples of types of fraud you could become a victim of include identity fraud and bank fraud.
For more general information on fraud, read Victim Support’s guidance on fraud.
What are your rights as a victim of fraud?
The Victim’s Code governs how criminal justice agencies must interact with victims of crime in England and Wales and the services they must provide. To be defined as a victim of a crime you have to be a person who has suffered physical, mental, emotional or economic harm as a direct result of a criminal offence. These rights may also apply if you are considered to be a nominated family spokesperson for a victim who lacks mental capacity, a close relative, or a guardian who is acting on behalf of a victim under 18 years old.
If you meet the criteria laid out in the Victim’s Code and have identified yourself as a victim of fraud, the following rights will apply to you:
1. The right to understanding
You have the right to receive information in a way that you’re able to understand and to receive help to be understood if needed. Criminal justice agencies need to be aware of any disabilities or conditions which may affect the victim’s understanding or mental capacity and cater for this accordingly. Where necessary, victims must be provided with interpretation or translation services free of charge if required to aid understanding.
2. The right to have the crime recorded without unjustified delay
You have the right to have the details of the fraud recorded as soon as possible after the incident occurs, unless there is a justified reason why this couldn’t happen. As part of this right, you should be able to receive help when giving a witness statement or being interviewed if you require it. The police are limited to only conducting as many interviews with the victim as necessary for the investigation and any interviews must be conducted within a reasonable amount of time.
3. The right to be informed on the criminal justice process
You have the right to receive written confirmation after you have reported the fraud. This should include:
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the basic details of your allegation and the offence committed
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your crime reference number (ie the unique identifier assigned by the police to track the investigation of a reported crime)
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the contact details of your investigating officer
You also have the right to be equipped with any other information you need within five days of the crime being reported, so you know the next steps of the investigation. This would include being informed about your rights, how the criminal justice system works, any victim support, and Restorative Justice (ie the process which allows the victim and offender to voluntarily communicate so they can positively move forward).
4. The right to tailored support for your individual needs
You have the right to be referred to services in your local area that support victims. If you wish to be referred to one of these services, police must refer you within two days. You may have the right to additional support such as special measures at court, depending on your needs. Throughout the criminal justice process, you have the right to be reassessed if your needs change at any point.
5. The right to be informed about compensation
Where you have suffered any loss or damage due to fraud committed against you, you have the right to be provided with information about receiving compensation for your losses, if eligible. You should be prepared to provide the police with any evidence of your loss to support your claim for compensation.
Where the offender has been found or pleaded guilty, the court may order them to pay you compensation. Alternatively, you can seek compensation from the offender out of the criminal courts, through a civil claim. Before taking this route, you should Ask a lawyer for advice.
6. The right to be updated about the case
You have the right to be given updates on your case, to be informed of decision-making processes relating to your case, and to ask for decisions to be looked at again if you’re unhappy with the outcome. Where the offender has been arrested, interviewed, or released, or if your case will not be pursued, you should be informed within five working days (or less if you are entitled to enhanced rights). If this is not possible, you must be given justified reasons.
7. The right to make a personal statement
You have a right to make a Victim Personal Statement (VPS), alongside a witness statement, if your case goes to court. Unlike a witness statement, a VPS allows the victim of a crime to describe how the offender’s actions have impacted themselves and, potentially, their business or family. As a victim, you are not required to provide a VPS but you will generally be offered the option to. Once you submit a VPS to the court, you will not be able to withdraw or amend it.
You will have the choice as to whether to read it aloud in court or record it for court performance yourself, or whether to have someone else read it for you. If the case goes to court and you choose to read it aloud yourself, whilst the judge will take your choice into account, they may decide to have it read by somebody else or only have specific sections of your VPS read if they feel it is more suitable. The offender will have access to your VPS during court proceedings and it is possible that the contents of your VPS could be reported on by the media. Providing a VPS could be a huge benefit to your case, but you should consider the effect that it might have on you personally.
8. The right to be informed about the court process and your role
You have the right to be told of any relevant information you need to aid your role in the court or trial process and to prepare yourself. You should be contacted by the Witness Care Unit within six working days regarding:
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the time, date and location of any hearing in relation to your case
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any instance in which you are required to give evidence in court
If you do need to give evidence as a witness, you will have the right to the appropriate support. The Witness Care Unit must also contact you within 10 working days (six working days if you receive enhanced rights) regarding:
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when an arrest warrant has been issued for the offender
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the outcomes of any hearings related to the offender’s bail or re-arrest
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any instance in which you are required to give evidence within one working day
9. The right to be updated about the outcome and any appeals
You have the right to be updated on the outcome of your case within six working days, including some details related to the offender’s sentence if they are convicted.
10. The right to claim expenses and have your property
You have the right to claim certain expenses if you need to attend court, and to have any property that was taken by the police as evidence returned. For more information on which expenses you can claim back, read the Criminal Prosecution Service’s (CPS) guidance.
11. The right to complain
You have the right to issue a formal complaint if you feel your rights haven’t been met.
These are general rights that apply to victims of all crimes, so long as they meet the definition of a victim. It’s important to study the Victim’s Code for yourself for more details about how the rights relate to your situation.
What should you do if you are a victim of fraud?
If you’ve become a victim of fraud, there are a few steps you can take. In the first instance, you should take action to protect your accounts, by contacting your back and informing them of the potential fraud. It’s important to tell them why you think you’re been a victim of fraud – for example, noticing suspicious activity on your account.
You should also report the crime to Action Fraud, the UK’s national fraud and cyber crime reporting centre. You can either call them or use their online fraud reporting service. This will help the authorities to stop the perpetrator from reoffending. Action Fraud will also be able to offer you advice on next steps when you contact them.
Additional resources and seeking support
The best way to avoid fraud, specifically loan fraud, is to take preventative measures to protect against it. Whether you’re worried you might be vulnerable to fraud, or have already experienced it, it’s important to seek support if you need it.
Contact organisations such as Victim Support or Citizens Advice, who will be able to support you with both preventative measures and next steps. There are additional organisations that may be able to help you, such as Age UK if you’re a senior.
Falling victim to fraud can be really difficult, so if you’re struggling, consider seeking mental health support from a registered charity, such as Samaritans, or a healthcare professional such as a registered GP or therapist.
Final thoughts for fraud victims
Knowing your legal rights is essential to get the best possible outcome if you fall victim to fraud. However, it can be tricky to take those first steps by yourself. If you have questions or need help breaking down your rights in more detail, seek help from a legal professional or organisation.
If you have any questions about fraud and your rights as a fraud victim, you can Ask a lawyer for help.
