Obtaining a money transfer by deception

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

England and Wales Administrative jurisdiction within the United Kingdom

England and Wales is a legal jurisdiction covering England and Wales, two of the four nations of the United Kingdom. "England and Wales" forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.

Northern Ireland Part of the United Kingdom lying in the north-east of the island of Ireland, created 1921

Northern Ireland is a part of the United Kingdom in the north-east of the island of Ireland, variously described as a country, province or region. Northern Ireland shares a border to the south and west with the Republic of Ireland. In 2011, its population was 1,810,863, constituting about 30% of the island's total population and about 3% of the UK's population. Established by the Northern Ireland Act 1998 as part of the Good Friday Agreement, the Northern Ireland Assembly holds responsibility for a range of devolved policy matters, while other areas are reserved for the British government. Northern Ireland co-operates with the Republic of Ireland in some areas, and the Agreement granted the Republic the ability to "put forward views and proposals" with "determined efforts to resolve disagreements between the two governments".

Contents

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.

Theft Act 1968 Act of Parliament criminalising theft in England and Wales

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.

Section 15A was repealed on 15 January 2007 [1] by sections 14(1) and (3) and 15(1) of, and paragraph 1(a)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to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

Fraud Act 2006

The Fraud Act 2006 is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007.

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]

Law Commission (England and Wales) an independent body set up by Parliament by the Law Commissions Act 1965

In England and Wales the Law Commission is an independent law commission set up by Parliament by the Law Commissions Act 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. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies.

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)).

Theft Act (Northern Ireland) 1969

The Theft Act 1969 is an Act of the Parliament of Northern Ireland. It makes criminal law provisions for Northern Ireland similar to those made in England and Wales by the Theft Act 1968.

Section 15A was repealed on 15 January 2007 [6] 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 [7] 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.

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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 Fraud Act 2006 (Commencement) Order 2006 (S.I. 2006/3200 (C.112)), article 2
  7. ↑ The Fraud Act 2006 (Commencement) Order 2006 (S.I. 2006/3200 (C.112)), article 2
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