Obtaining a money transfer by deception
Encyclopedia
Obtaining a money transfer by deception was formerly a statutory offence in England and Wales
and Northern Ireland
.
. 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Section 15A was repealed on 15 January 2007 by sections 14(1) and (3) and 15(1) of, and paragraph 1(a)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006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Section 15B was repealed on the same date by sections 14(1) and (3) and 15(1) of, and paragraph 3 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006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. It implemented recommendations of the Law Commission
.
Section 15A(1) provided:
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
. A person guilty of this offence was liable, on conviction on indictment
, to imprisonment for a term not exceeding ten years, 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.
Visiting forces
This offence was an offence against property for the purposes of section 3 of the Visiting Forces Act 1952
.
Jurisdiction
This offence was a Group A offence for the purposes of Part I of the Criminal Justice Act 1993
.
. 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Section 15A was repealed on 15 January 2007 by sections 14 and 15(1) and (4) of, and paragraph 1(c)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006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Section 15B was repealed on the same date by sections 14(1) and (3) and 15(1) and (4) of, and paragraph 9 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006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
.
Mode of trial
This offence was an indictable offence
which could be tried summarily upon consent of the accused. 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, 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.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
England and Wales
This offence was created by section 15A of the Theft Act 1968Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
. 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 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
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
, subject to transitional provisions and savings in paragraph 3 of Schedule 2 to that Act.
Section 15B was repealed on the same date 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
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
.
The purpose of this offence was to fill the lacuna
Lacuna
Lacuna may refer to:* Lacuna , a missing section of text* Lacuna , an extended silence in a piece of music* Lacuna , a lexical gap in a language* Lacuna , the lack of a law or legal source addressing a situation...
in the law identified by the decision in R v Preddy and Slade, R v Dhillon. It implemented recommendations of the Law Commission
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
.
Section 15A(1) provided:
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
Dishonesty
Dishonesty is a word which, in common usage, may be defined as the act or to act without honesty. It is used to describe a lack of probity, cheating, lying or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness...
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
Either Way
"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This...
. A person guilty of this offence was liable, on conviction on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, to imprisonment for a term not exceeding ten years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...
, or to both.
Visiting forces
This offence was an offence against property for the purposes of section 3 of the Visiting Forces Act 1952
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom. provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters...
.
Jurisdiction
This offence was a Group A offence for the purposes of Part I of the Criminal Justice Act 1993
Criminal Justice Act 1993
The Criminal Justice Act 1993 is a United Kingdom Act of Parliament that set out new rules regarding drug trafficking, proceeds and profit of crime, financing of terrorism and insider dealing.-External links:**...
.
Northern Ireland
This offence was created by section 15A of the Theft Act (Northern Ireland) 1969Theft Act (Northern Ireland) 1969
The Theft Act 1969 is an Act of the Parliament of Northern Ireland. It makes similar provision to the Theft Act 1968 for Northern Ireland.-Section 11 - Removal of articles from places open to the public:...
. 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 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
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
, subject to transitional provisions and savings in paragraph 3 of Schedule 2 to that Act.
Section 15B was repealed on the same date 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
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
.
Visiting forces
This offence was an offence against property for the purposes of section 3 of the Visiting Forces Act 1952
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom. provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters...
.
Mode of trial
This offence was an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
which could be tried summarily upon consent of the accused. See hybrid offence
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...
.
Sentence
A person guilty of this offence was liable, on conviction on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, to imprisonment for a term not exceeding ten years, or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...
, or to both.