I've been called to magistrates court for benefit fraud. What can I expect?

28th Feb 2018

I think the amount is £10,000 but they have been taking money back from my partner's wages. This is my first time and did not intend it to happen as thought I was above board. They said I did not disclose correct information about my partner's job. I would like to know of likely outcomes please?

CATEGORY: Criminal


1 answer
  • Kent Criminal Law


    Events that come under the heading 'Benefit Fraud' can be charged by the Crown Prosecution Service as a number of different offences both under the Social Security Administration Act, the Theft Act and the Fraud Act. It is very important that you obtain advice as the ingredients the Crown need to prove for the different offences are not the same. If the offence is one that requires that the Crown need to establish that you acted dishonestly, from the limited information you provide, it is possible that you have a defence. It is very likely that you will be entitled to legal aid and you should find a local solicitor who has a Legal Aid Agency crime contract and obtain specific advice on the particular charges that you face and the circumstances that led to your prosecution. There are sentencing guidelines for these offences and these consider a number of variables that will depend on the detail of your particular case. For the level of overpayment that you suggest, the sentence, if convicted, could range from a Community Order to Imprisonment, so it is very important that you obtain .representation. 

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