It is best when trying to understand conspiracy to think of it as an ‘agreement’. If you make an ‘agreement’ to carry out an unlawful act, such as planning to murder or commit fraud, whether or not you actually carry out the act is irrelevant, making an ‘agreement’ to commit a crime is a punishable offence.
Conspiracy is the name given to the offence where an agreement between two or more people is made to commit a crime in the future.
Conspiracy to defraud centres around the fact that it is an offence to agree to carry out an unlawful fraudulent act. You may have noticed that when many complex and serious fraud cases are concluded the defendant pleads guilty or not guilty to conspiracy to defraud.
Interestingly, the ‘agreement’ that is made does not have to be a written contract. In fact, in conspiracy to defraud cases the jury are encouraged to make a decision based on suspicious or regular meetings, telephone calls and taped conversations. This said, conspiracy solicitors operate on the premise that it is hard to prove an agreement or ‘conspiracy’ as most cases will not contain written documents detailing explicit conspiracy to defraud.
There are two types of conspiracy; common law conspiracy and statutory conspiracy. The latter of these conspiracies, statutory conspiracy is much more frequently seen; common law cases are much rarer and rely on the discretion of the judge sentencing to fill gaps in current British Fraud Law.
Qamar Solicitors LLP employ a team of serious fraud solicitors who specialise in conspiracy to defraud cases. Based in Yorkshire, our conspiracy solicitors scrupulously examine the ‘agreement’ process to provide a comprehensive defence case. If you require a conspiracy solicitor in Huddersfield or Dewsbury, visit one of our local branches or alternatively please do not hesitate to contact us via phone or email, details can be found on our website.