⇒ Section 6(1) of the Fraud Act 2006 states: a person is guilty of an offence if he has in his possessor under his control any article for use in the course of or in connection with any fraud".

⇒ David Ormerod says it is "lamentable" that no mens rea is required for this offence

• As he points out, on its face, being in possession of a pen would fall under this section. Surely it must be shown that the defendant intends the article to be used in fraud.

⇒ Section 7 of the Fraud Act 2006 creates an offence of creating, adapting, supplying, or offering for supply any article knowing or intending it to be used in connection with fraud.