The third form of fraud under the Fraud Act 2006: exploiting a position of trust to make a gain or cause a loss, with no result required.
Liability here turns not on lies or silence but on the relationship between defendant and victim — and the offence is complete the moment that relationship is abused with the right state of mind. This chapter opens with the offence itself and the four elements the prosecution must prove, including why it is a conduct crime rather than a result crime. It then examines what counts as a position of trust, the range of relationships that can create one, and how that position can be abused — by positive act or by omission. Finally it works through the mental elements: the two-stage test for dishonesty and the required intention to make a gain or cause a loss, as those terms are defined in the Act.
