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Making off without payment.
A person who, knowing that payment on the spot for any goods supplied or services done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the prescribed sum, or to both.
1 As to the liability of company officers for offences by a company see para 569 note 1 ante.
2 For these purposes, 'payment on the spot' includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided: Theft Act 1978 s 3 (2).
3 Ibid s 3 (1) does not apply, however, where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable: s 3 (3). See Troughton v Metropolitan Police [1987] Crim LR 138, DC (taxi driver broke away from route in breach of contract; accused not liable for payment thereafter).
4 The words 'dishonestly makes off ' should be applied in their natural meaning. 'Making off ' involves a departure from the spot where payment is required; but, if the accused is stopped before passing that spot, he may be guilty of an attempt to commit the offence: R v McDavitt [1981] Crim LR 843; R v Brooks and Brooks (1983) 76 Cr App Rep 66, CA.
5 'Intent to avoid payment' means an intent to avoid payment permanently: R v Allen [1985] AC 1029, 81 Cr App Rep 200, HL; and see R v Hammond [1982] Crim LR 611.6 Theft Act 1978 ss 3 (1), 4 (amended by the Magistrates' Courts Act 1980 s 154 (1), Sch 7 para 170). For the meaning of 'the prescribed sum' see para 807 post.
As to the application of the Theft Act 1968 ss 30 (1), 31 (1), 34 see para 569 note 4 ante.Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing or attempting to commit an offence under the Theft Act 1978 s 3: s 3 (4). As to powers of arrest see para 693 et seq post.
UPDATE
541–615 Offences against Property
The Proceeds of Crime Act 2002 creates new offences of (1) concealing, disguising, converting or transferring criminal property or removing it from the jurisdiction (s 327); (2) entering into or becoming involved in an arrangement which a person knows or suspects would make it easier for another person to acquire, retain, use or control criminal property (s 328); and (3) acquiring, using or having possession of criminal property (s 329).
If a solicitor or barrister suspects he or his client will become involved in an arrangement within the meaning of s 328, the solicitor or barrister should make an authorised disclosure under s 335 and request appropriate consent under s 335: P v P (Ancillary Relief: Proceeds of Crime) [2003] EWHC 2260 (Fam), [2003] 4 All ER 843.Provision is made for an investigation ('a confiscation investigation') into whether a person has benefited from his criminal conduct, or the extent or whereabouts of his benefit from his criminal conduct: s 341(1).
541–573 Meaning of 'theft' … Suppression etc of documents
A number of offences of dishonesty and blackmail are to be classified as Group A offences: see para 541A post.
567–586 Fraud
As to new offence of obtaining a money transfer by deception, see Theft Act 1968 s 15A, para 567A post.
571 Making off without payment
text and note 6—Section 3(1) does not apply in circumstances where an agreement to postpone payment has been fraudulently secured: R v Vincent [2001] EWCA Crim 295, [2001] 1 WLR 1172.note 6—1978 Act s 3(4) repealed: Serious Organised Crime and Police Act 2005 Sch 7 para 20, Sch 17, Pt 2.
Obtaining pecuniary advantage by deception.
A person who by any deception dishonestly obtains for himself or another any pecuniary advantage is liable on conviction on indictment to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the prescribed sum, or to both.
The cases where a pecuniary advantage is to be regarded as so obtained for a person are cases where (1) he is allowed to borrow by way of overdraft, or to take out any policy of insurance or annuity contract, or obtains an improvement of the terms on which he is allowed to do so; or (2) he is given the opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting.
1 As to offences committed by a body corporate see para 567 note 1 ante.
2 For these purposes, 'deception' has the same meaning as in the Theft Act 1968 s 15: s 16 (3). See further para 567 ante.
3 For the meaning of 'dishonestly' see para 567 note 3 ante.
4 The deception must be the effective cause of the obtaining and must operate on the mind of the person to whom it is directed: see para 567 note 2 ante.
5 Theft Act 1968 s 16 (1); Magistrates' Courts Act 1980 ss 17, 32 (1), Sch 1 para 28. For the meaning of 'the prescribed sum' see para 807 post. As to obtaining property by deception see para 567 ante; as to obtaining services by deception see para 569 post; as to the evasion of liability by deception see para 570 post; and as to making off without payment see para 571 post.
6 A person who uses a cheque card and cheque book to run up an overdraft beyond the limits imposed by the bank, or to create an overdraft in the absence of a negotiated and agreed limit, is 'allowed to borrow by way of overdraft' for these purposes: R v Waites [1982] Crim LR 369, CA; R v Bevan (1987) 84 Cr App Rep 143, CA. A customer who is allowed to borrow from a bank on overdraft obtains a pecuniary advantage at the moment when the overdraft facility is granted to him without need for proof that he drew on that facility: R v Watkins [1976] 1 All ER 578.7 Theft Act 1968 s 16 (2) (b).8 Ibid s 16 (2) (c).
UPDATE
541–615 Offences against Property
The Proceeds of Crime Act 2002 creates new offences of (1) concealing, disguising, converting or transferring criminal property or removing it from the jurisdiction (s 327); (2) entering into or becoming involved in an arrangement which a person knows or suspects would make it easier for another person to acquire, retain, use or control criminal property (s 328); and (3) acquiring, using or having possession of criminal property (s 329).If a solicitor or barrister suspects he or his client will become involved in an arrangement within the meaning of s 328, the solicitor or barrister should make an authorised disclosure under s 335 and request appropriate consent under s 335: P v P (Ancillary Relief: Proceeds of Crime) [2003] EWHC 2260 (Fam), [2003] 4 All ER 843.Provision is made for an investigation ('a confiscation investigation') into whether a person has benefited from his criminal conduct, or the extent or whereabouts of his benefit from his criminal conduct: s 341(1).
568 Obtaining pecuniary advantage by deception
text and notes—An offence under the Theft Act 1968 s 16 is classified as a Group A offence: see Criminal Justice Act 1993 s 1(2)(a). As to jurisdiction in relation to such offences, see para 541A ante.note 8—'Office or employment' in s 16(2)(c), not being confined to the narrow limits of a contract of service, encompasses the self-employed; see R v Callender [1992] 3 All ER 51, CA.
541–573 Meaning of 'theft' … Suppression etc of documents
A number of offences of dishonesty and blackmail are to be classified as Group A offences: see para 541A post.
567–586 Fraud
As to new offence of obtaining a money transfer by deception, see Theft Act 1968 s 15A, para 567A post.
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