Obtaining a money transfer by deception

Obtaining a money transfer by deception was formerly a statutory offence in England and Wales and Northern Ireland.

England and Wales

This offence was created by section 15A of the Theft Act 1968. Section 15B made supplementary provision. Both of those sections were inserted by section 1(1) of the Theft (Amendment) Act 1996.

Section 15A was repealed on 15 January 2007[1] by sections 14(1) and (3) and 15(1) of, and paragraph 1(a)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to transitional provisions and savings in paragraph 3 of Schedule 2 to that Act.

Section 15B was repealed on the same date[2] by sections 14(1) and (3) and 15(1) of, and paragraph 3 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006.

The purpose of this offence was to fill the lacuna in the law identified by the decision in R v Preddy and Slade, R v Dhillon.[3] It implemented recommendations[4] of the Law Commission.[5]

Section 15A(1) provided:

A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another.

Deception

See section 15B(2) and section 15(4) (which is discussed in Deception (criminal law) and Obtaining property by deception#By any deception).

Dishonestly

See Dishonesty and Obtaining property by deception#Dishonestly.

Money transfer

For the meaning of this expression, see sections 15A(2) to (4) and 15B(3) to (5).

Mode of trial and sentence

This offence was triable either way.[6] A person guilty of this offence was liable, on conviction on indictment, to imprisonment for a term not exceeding ten years,[7] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[8]

Visiting forces

This offence was an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.[9]

Jurisdiction

This offence was a Group A offence for the purposes of Part I of the Criminal Justice Act 1993.[10]

Northern Ireland

This offence was created by section 15A of the Theft Act (Northern Ireland) 1969. Section 15B made supplementary provision. Both of those sections were inserted by article 3(1) of the Theft (Amendment) (Northern Ireland) Order 1997 (S.I. 1997/277 (N.I. 3)).

Section 15A was repealed on 15 January 2007[11] by sections 14 and 15(1) and (4) of, and paragraph 1(c)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to transitional provisions and savings in paragraph 3 of Schedule 2 to that Act.

Section 15B was repealed on the same date[12] by sections 14(1) and (3) and 15(1) and (4) of, and paragraph 9 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006.

Visiting forces

This offence was an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.[13]

Mode of trial

This offence was an indictable offence which could be tried summarily upon consent of the accused.[14] See hybrid offence.

Sentence

A person guilty of this offence was liable, on conviction on indictment, to imprisonment for a term not exceeding ten years,[15] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.[16]

References

  1. ↑ The Fraud Act 2006 (Commencement) Order 2006 (S.I. 2006/3200 (C.112)), article 2
  2. ↑ The Fraud Act 2006 (Commencement) Order 2006 (S.I. 2006/3200 (C.112)), article 2
  3. ↑ R v Preddy and Slade, R v Dhillon [1996] AC 815, [1996] 3 All ER 481, [1996] 3 WLR 255, (1996) 2 Cr App R 524, HL, (10 July 1996) reversing R v Preddy and Slade [1995] Crim LR 564, CA, and R v Dhillon, unreported, CA
  4. ↑ The Law Commission. Offences of Dishonesty: Money Transfers. Law Com 123. HC vol 690. October 1996.
  5. ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, para. 12-212 at p. 1807
  6. ↑ The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28
  7. ↑ The Theft Act 1968, section 15(A)(5)
  8. ↑ The Magistrates' Courts Act 1980, section 32(1)
  9. ↑ The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph 3(g) (as inserted by the Theft Act 1968, Schedule 2, Part III)
  10. ↑ The Criminal Justice Act 1993, section 1(2)(a) (as amended by section 3(2) of the Theft (Amendment) Act 1996)
  11. ↑ The Fraud Act 2006 (Commencement) Order 2006 (S.I. 2006/3200 (C.112)), article 2
  12. ↑ The Fraud Act 2006 (Commencement) Order 2006 (S.I. 2006/3200 (C.112)), article 2
  13. ↑ The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph 3(g) (as inserted by the Theft Act (Northern Ireland) 1969, Schedule 3, Part III)
  14. ↑ The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), article 45 and paragraph 20 of Schedule 2 (as substituted by article 3(2) of, and Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1986 (S.I. 1986/1883 (N.I. 15)
  15. ↑ The Theft Act (Northern Ireland) 1969, section 15A(5)
  16. ↑ The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)), article 46(4)
This article is issued from Wikipedia - version of the 12/30/2012. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.