Theft (Amendment) Act 1996
1996 CHAPTER 62
ARRANGEMENT OF SECTIONS
Go to Preamble
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1. Obtaining a money transfer by deception.
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2. Dishonestly retaining a wrongful credit.
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3. The new offences: jurisdiction.
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4. Application to loans of offence of obtaining services by deception.
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5. Short title and extent.
An Act to amend the Theft Act 1968 and the Theft Act 1978; and for connected purposes.
[18th December 1996]
Be it enacted by the Queen´s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–
1 Obtaining a money transfer by deception
(1) After section 15 of the [1968 c. 60.] Theft Act 1968 insert–
"15A Obtaining a money transfer by deception
(1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another.
(2) A money transfer occurs when–
(a) a debit is made to one account,
(b) a credit is made to another, and
(c) the credit results from the debit or the debit results from the credit.
(3) References to a credit and to a debit are to a credit of an amount of money and to a debit of an amount of money.
(4) It is immaterial (in particular)–
(a) whether the amount credited is the same as the amount debited;
(b) whether the money transfer is effected on presentment of a cheque or by another method;
(c) whether any delay occurs in the process by which the money transfer is effected;
(d) whether any intermediate credits or debits are made in the course of the money transfer;
(e) whether either of the accounts is overdrawn before or after the money transfer is effected.
(5) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.
15B Section 15A: supplementary
(1) The following provisions have effect for the interpretation of section 15A of this Act.
(2) "Deception" has the same meaning as in section 15 of this Act.
(3) "Account" means an account kept with–
(a) a bank; or
(b) a person carrying on a business which falls within subsection (4) below.
(4) A business falls within this subsection if–
(a) in the course of the business money received by way of deposit is lent to others; or
(b) any other activity of the business is financed, wholly or to any material extent, out of the capital of or the interest on money received by way of deposit;
and "deposit" here has the same meaning as in section 35 of the [1987 c. 22.] Banking Act 1987 (fraudulent inducement to make a deposit).
(5) For the purposes of subsection (4) above–
(a) all the activities which a person carries on by way of business shall be regarded as a single business carried on by him; and
(b) "money" includes money expressed…