Fraud By False Representation

[Livinglam]

Hi there,

First time offence of FBFR, being entirely honest. I had a drug problem. My ex GF willingly took a phone contract out for me, all agreed between us. The contract remained in her name but all bank details were linked to my name and bank account. I didn't have great credit. I had a few issues and slipped into addition again. Ran up debts with nasty dealers. And in moments of stupidity, added extra gadgets to the plan (which was obviously I'm her name) to then sell on to pay these debts and fund the mess I was getting myself into. My history of mental illness suddenly comes into play, survived a suicide attempt a few years ago and have countless self harm scars from over the years. (I am very much stable as it stands, minus the worries) I became pretty isolated and was using the drugs as an escape in a way. The amount in the arrest was around £3700. However, that included the value of the phone and line rental itself. I didn't actually obtain that through fraud so I'm not certain if that will affect the final amount, I had permission to use that and the ex has also confirmed that. I haven't been charged, I'm released under investigation. Its important I make it clear they I told the full truth in the interview, before the police even had to show me any evidence. This had been eating me up for months and I knew exactly what it was about when they arrived at the door.

The officers were supportive of me, said I was a model arrest and thanked me for being so open and honest. Also put me in contact with a rehab unit in my town, of which I'm middle of the course with them and currently clean! (woohoo)

Obviously I feel terrible, I'm an account manager by day, don't deem myself to be as stupid as I feel right now. I cared about the people involved a lot, even if it may not seem the case.
I guess I'm trying to work out if I'm going to prison or not. I have a pervious simple caution from 3 years ago - a silly shoplift of some bread and groceries during a gap in employment. I regret it.

Other than that, nothing else.

Any advice on what to expect? I assure you, I want nothing more than to make repairations and keep my life together.

Thank you all.

[bednobs]

hi livinglam, I think it's very early days to give a meaningful answer, especially as you haven't been charged even

[brainiac]

Probably not a good idea to use a photo of yourself as your avatar (if that is the real you)

[Buenchico]

As I read the document the document that the magistrates (or judge) must consider when passing sentence, it's a Category 5 offence, with 'culpability' at level 'B' or 'C'. If it's regarded as being at level 'C', the court can't possibly send you to prison. If it's regarded as being at level 'B', while a custodial sentence is theoretically possible, it's highly unlikely that you'd be given one (and, even if it was, it would almost certainly be suspended anyway).

See pages 281 to 287 here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf