THEFT ACT 1978 - ENGLAND

• NCJ Number: 55218
• Journal: Criminal Law Review Dated: (JANUARY 1979) Pages: 24-39
• Author(s): J R SPENCER
• Date Published: 1979
• Length: 17 pages
• Corporate Author: Sweet and Maxwell
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

PROVISIONS OF THE 1978 THEFT ACT ENACTED IN ENGLAND, DEALING WITH OBTAINING SERVICES BY DECEPTION, EVASION OF LIABILITY BY DECEPTION, AND MAKING OFF WITHOUT PAYMENT, ARE CRITICALLY REVIEWED.

Abstract

A DRAFT BILL WAS INTRODUCED INTO PARLIAMENT BY THE CRIMINAL LAW REVISION COMMITTEE AND BECAME LAW IN JULY 1978. THE BILL MADE CHANGES IN THE THEFT ACT BY REVISING OFFENSE CATEGORIES UNDER SECTION 16 OF THE ACT. TWO PROVISIONS OF THE BILL ARE PERTINENT TO OBTAINING SERVICES BY DECEPTION: (1) A PERSON WHO, BY ANY DECEPTION, DISHONESTLY OBTAINS SERVICES FROM ANOTHER IS GUILTY OF AN OFFENSE AND (2) OBTAINING SERVICES INVOLVES INDUCING A PERSON TO CONFER A BENEFIT BY PERFORMING SOME ACT OR CAUSING OR PERMITTING SOME ACT TO BE PERFORMED ON THE UNDERSTANDING THAT THE BENEFIT HAS BEEN OR WILL BE PAID FOR. THE OBTAINING SERVICES BY DECEPTION OFFENSE USUALLY INVOLVES LYING TO OTHERS TO PERSUADE THEM TO RENDER A SERVICE. THE DEFINITION OF OBTAINING SERVICES REQUIRES THE VICTIM OF THE OFFENSE TO PERFORM SOME ACT OR CAUSE OR PERMIT SOME ACT TO BE CARRIED OUT AND TO CONFER A BENEFIT THEREBY. UNDER THE OFFENSE EVASION OF LIABILITY BY DECEPTION, A PERSON BY SOME DECEPTION DISHONESTLY SECURES THE REMISSION OF AN EXISTING LIABILITY TO MAKE A PAYMENT, INTENDS TO MAKE PERMANENT DEFAULT ON AN EXISTING LIABILITY, OR DISHONESTLY OBTAINS AN EXEMPTION FROM OR ABATEMENT OF LIABILITY TO MAKE PAYMENT. MAKING OFF WITHOUT PAYMENT INVOLVES KNOWING THAT PAYMENT ON THE SPOT IS REQUIRED OR EXPECTED FOR GOODS SUPPLIED OR SERVICES RENDERED AND INTENDING TO AVOID PAYMENT OF THE AMOUNT DUE. OBTAINING SERVICES BY DECEPTION AND EVASION OF LIABILITY BY DECEPTION CARRY SENTENCES OF UP TO 5 YEARS IMPRISONMENT ON INDICTMENT. MAKING OFF WITHOUT PAYMENT CARRIES A SENTENCE OF NO MORE THAN 2 YEARS IMPRISONMENT. ON SUMMARY TRIAL, THE MAXIMUM SENTENCE IS 6 MONTHS FOR ALL THREE OFFENSES. BENEFICIAL EFFECTS AND CRITICISMS OF INCORPORATING THE THREE OFFENSE CATEGORIES INTO THE THEFT ACT ARE NOTED. CASE LAW IS CITED, AND EXPLANATORY NOTES ARE INCLUDED. (DEP)