Higher maximum penalties planned for benefit fraud

The States of Guernsey said the changes aimed to ensure penalties were "proportionate"

A proposal to increase the maximum penalties for benefit-related fraud offences has been put forward.

The States of Guernsey said the changes aimed to ensure penalties for such offences were "proportionate, effective, and comparable with other jurisdictions".

It added the maximum penalties for benefit-related offences involving fraud, such as making false statements to obtain benefit, were "comparatively low" next to penalties for equivalent offences in neighbouring jurisdictions.

Deputy Tina Bury, president of the committee for employment and social security, said: "Deliberate fraud must be met with penalties that reflect the seriousness of the offence."

'Range of powers'

The States said the committee has recommended all benefit-related fraud can be heard in either the Magistrates' Court or Royal Court.

It has recommended penalty provisions for this type of offence were amended to ensure magistrates court has its full range of sentencing powers, rather than being restricted to specified limits.

This means they would be able to impose fine of up to £20,000 and two years' imprisonment for one offence or three years' imprisonment for multiple offences.

The committee has also proposed the maximum penalty for all benefit-related fraud offences to be increased to seven years' imprisonment, bringing Guernsey in line with both the UK and Jersey.

'Fits the crime'

Deputy Bury said it was sending a "clear message" that benefit fraud was no less serious than any other type of fraud.

"While the vast majority of benefit claims are made honestly and in good faith, deliberate fraud must be met with penalties that reflect the seriousness of the offence," she said.

"If the Committee's proposals are approved by the States, the courts will continue to impose a sentence that fits the crime, but they will have the freedom to appropriately punish the most serious offenders."