The legal test for dishonesty

Most CIFAS marker types require evidence of dishonesty or intent. The current legal test for dishonesty was established in Ivey v Genting Casinos [2017] UKSC 67. The test asks: was the conduct dishonest by the standards of ordinary decent people?

This is an objective test. It does not matter whether the person realised their conduct was dishonest. What matters is whether ordinary decent people would consider it dishonest given all the circumstances.

What is NOT dishonesty

• Genuine mistakes — providing incorrect information by accident is not fraud
• Poor judgement — making a bad decision is not the same as acting dishonestly
• Negligence — failing to check something is not dishonesty
• Naivety — being unaware that activity was suspicious is not dishonesty
• Civil disputes — disagreements about contracts, ownership, or money owed are not fraud
• Vulnerability — acting under pressure, coercion, or exploitation is not dishonesty

Why this matters for complaints

Many CIFAS markers are filed in situations where the conduct was a mistake, poor judgement, or a civil dispute — not genuine dishonesty. If the institution cannot demonstrate that the conduct meets the legal standard for dishonesty, the marker is recording inaccurate personal data and should be removed.