SIA prosecutions for Fraud Act 2006 section 6 and 7 offences
Published 7 September 2023
© Crown copyright 2023
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/sia-prosecutions-for-fraud-act-2006-section-6-and-7-offences/sia-prosecutions-for-fraud-act-2006-section-6-and-7-offences
1. Request
I need some information on prosecutions regarding the Fraud Act 2006 and sections 6 and 7. My query relates to what type of actions are prosecuted under the Fraud Act section 6 and section 7?
I understand section 6 is regarding possession of articles and section 7 is regarding the making or producing of articles. But I need to know what type of articles is this typically referring to with regards to a prosecution or could you tell me what activities do typical prosecutions?
2. Response
On 6 September 2023, you responded to my email asking that you clarify whether you were asking specifically what articles the SIA look for when prosecuting section 6 or section 7 offences and you said “Yes please. What articles would the SIA be interested in considering for a section 6 or section 7 offence”.
I can confirm that the SIA does hold this information.
In respect of section 6 Fraud Act 2006 offending within the private security industry, possession of an article can be:
- Fraudulent SIA licence
- Cloned SIA licence
- Fraudulent passport / other identity document (such as, drivers licence) used to gain employment with a security company or to obtain an SIA licence
- Fraudulent LDN (Licence Dispensation Notice)
In respect of section 7 Fraud Act 2006, this offence relates to the making, adapting, supplying or offering to supply any of the above mentioned articles in the bullet points. Lastly, a section 7 offence could also relate to the making or adapting of a criminality record document or character references during the SIA application process with the aim of obtaining a SIA licence.
Please be aware that other prosecution agencies are able to prosecute section 6 and 7 Fraud Act 2006 offences, such as the Crown Prosecution Service, Procurator Fiscal and the Public Prosecution Service in Northern Ireland. Therefore the list of what articles the SIA would consider for a section 6 or 7 offence provided above is not exhaustive and it may way include other examples.
[Reference: FOI 0438]