Crime Solicitors

Today the DPP (Director of Public Prosecutions) has announced that the maximum prison sentence for those convicted of Benefit Fraud can be increased to 10 years. (See BBC article: http://www.bbc.co.uk/news/uk-24104743) In the BBC article statistics provided from the Fraud Offences Sentencing Data (June 2013) state that only 4 % of all Benefit Fraud cases prosecuted receive immediate custodial sentences. Therefore, in reality, only a small number of cases should be effected by the increased prison sentences.
Previously Benefit Fraud cases were tried under the Social Security Act and the maximum sentence was 7 years in prison. However more and more Benefit Fraud cases are now being tried under the Fraud Act in order to obtain the longer maximum prison sentences. And, as a result, lower value Benefit Fraud cases are now being heard in the Crown Court in order to try and obtain longer prison sentences.

Presumably the change in how Benefit Fraud cases are prosecuted is to deter those from committing Benefit Fraud in the first place. But the issue that comes to mind is the fact that a prison sentence is not necessarily the best deterrent for this type of offence. Most found guilty of Benefit Fraud have never committed a criminal offence before and are attending court as a first offence. Most may be from vulnerable backgrounds or suffer significant health problems, disabilities or even mental health problems or be caring for those with some of the above circumstances. By definition many, if not most, benefit claimants have some form of vulnerability (or have a family member who does).

An increased prison sentence may actually have no real effect as the majority of cases do not cross the custody threshold due to the mitigating factors above. And the cost to have a person in prison for a lengthy time may outweigh the cost of the crime and cost to bring it to court.

During my experience of defending Benefit Fraud cases a more suitable deterrent would be a lengthy sanction on claiming benefits in the future (or even a sanction to allow only small amounts to be paid for a sanction period following a conviction). Most of those convicted of Benefit Fraud finish their prison sentence and claim benefits again in full.

That said, Benefit Fraud is a serious offence and having a criminal conviction to a previously untarnished good character can make finding any future employment much more difficult.

Here at Duncan Lewis Solicitors we have a specialist team that deal with both civil welfare benefits appeal cases and also criminal benefit fraud cases. Our lawyers have lengthy experience in both civil and criminal defence sides to these cases.

Please contact Mr Arvin Narendra a solicitor on 0207 923 8416 or arvinn@duncanlewis.com if you have been called for an interview under caution at a benefits office or any Magistrates / Crown Court Benefit Fraud cases also please get in contact if you have received an overpayment repayment invoice for previous benefit claims.