Romance scams are usually discussed as a consumer-protection problem, but the criminal law has a general fraud offence that can apply when a person lies to obtain money. This guide summarises the wording of the Fraud Act 2006 and the Crown Prosecution Service (CPS) legal guidance on it. The Act applies in England, Wales and Northern Ireland; Scotland has its own separate law, which this article does not cover. It is general information, not legal advice, and whether a particular set of facts amounts to fraud is for the police, prosecutors and the courts.
The general offence of fraud: section 1
Section 1 of the Fraud Act 2006 says a person is guilty of fraud if they breach any of three sections, which provide different ways of committing the offence: section 2 (fraud by false representation), section 3 (fraud by failing to disclose information) and section 4 (fraud by abuse of position). Legislation.gov.uk marks section 1 as extending to England, Wales and Northern Ireland. A person guilty of fraud is liable on conviction on indictment to imprisonment for up to 10 years or a fine, or both. On summary conviction, the maximum prison term is the general limit in a magistrates’ court in England and Wales, and the section says that for Northern Ireland the equivalent summary limit is six months rather than 12.
Fraud by false representation: section 2
Section 2 is the offence most likely to be relevant when someone lies to a match in order to obtain money. Under section 2, a person breaches it if they dishonestly make a false representation and intend, by making it, to make a gain for themselves or another, to cause loss to another, or to expose another to a risk of loss. The section explains its terms:
- False. A representation is false if it is untrue or misleading and the person making it knows that it is, or might be, untrue or misleading.
- Representation. This means any representation as to fact or law, including a representation as to the state of mind of the person making it or of any other person.
- Express or implied. A representation may be express or implied, and it may be made in any form, including by submission to a system or device designed to receive communications, with or without human intervention.
On its wording, then, the offence is not limited to spoken or written statements about money. A false statement about who someone is, their circumstances or their intentions can be a representation as to fact or state of mind. What matters is that the person knew it was, or might be, untrue or misleading, was dishonest, and intended to make a gain or cause loss or risk of loss.
What the CPS guidance adds
The CPS legal guidance on the Fraud Act, last updated in March 2024, sets out points about how the offences are approached:
- In each of the three ways of committing fraud, the conduct must be dishonest and the intention must be to make a gain or cause a loss or the risk of a loss to another. The guidance states that no gain or loss needs actually to have been made.
- Section 2 is entirely focused on the conduct of the defendant. The focus of the charge is the false representation, and prosecutors must analyse what it was and when it was made.
- Actual knowledge that the representation might be untrue is required, not merely awareness of a risk that it might be untrue.
- Gain and loss extend only to gain and loss in money or other property, whether temporary or permanent.
On dishonesty, the guidance explains that the courts now apply a test with two stages: what the person’s actual state of knowledge or belief was as to the facts, and whether the conduct was dishonest by the standards of ordinary decent people. The CPS notes that the Court of Appeal has held this applies as the law of England and Wales, and that there is no longer a requirement that the defendant must appreciate that their conduct is dishonest by those standards.
The line between criminal and civil matters
The CPS guidance also recognises that the borderline between criminal and civil liability can be an issue. It tells prosecutors to guard against the criminal law being used as a debt collection agency, and it notes that fraudsters prey on the vulnerable.
Where victims and readers can go next
This site’s guide to recovering after a romance scam covers reporting and support, and its guide to how to spot a romance scammer covers warning signs. The Scam Safety Guide site has separate guidance on where to report a scam in the UK.
Frequently asked questions
Does the money have to be lost for the offence to be committed?
No. The CPS guidance says no gain or loss needs actually to have been made, because the offence turns on the dishonest false representation and the intention behind it.
Does the Fraud Act 2006 apply in Scotland?
Legislation.gov.uk marks the general fraud offence in section 1 as extending to England, Wales and Northern Ireland. Scotland is not covered by that Act.
The bottom line
Section 2 of the Fraud Act 2006 makes it an offence in England, Wales and Northern Ireland to dishonestly make a false representation intending to gain or cause loss or risk of loss, with a maximum of 10 years’ imprisonment on indictment. The CPS guidance stresses that it is the conduct and intention that count, not whether money was actually lost. Anyone who believes a match has lied to obtain money should keep records and report it, and the courts decide whether the elements are met.