Making off without payment

Making off without payment is a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.

England and Wales

Main article: Theft Act 1978 § Section 3 - Making off without payment

In England and Wales, this offence is created by section 3 of the Theft Act 1978, which provides:

(1) Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

(2) For purposes of this section 'payment on the spot' includes payment at the time of collecting goods on which work has been done, or in respect of which service has been provided.

(3) Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.

In R v Allen, the House of Lords said that, in order for the offence to be committed, there must be "an intention to permanently deprive" by making off, and that a mere "intention to defer" payment is not sufficient. In theory, a person could eat a meal at a restaurant, not pay, but leave his name and address in order for the restaurant to start civil recovery procedures against him - as long as the details were correct, and he did intend to pay at some point in the future (by way of civil recovery) then no offence under Section 3 would be committed.

Northern Ireland

This offence is created by article 5 of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)).

Article 5(4) was repealed on 1 March 2007 by articles 1(2) and 15(4) and 41(2) of, and paragraph 17 of Schedule 1 to, and Schedule 2 to, the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)).

Sentence

A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding two years,^[1] or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding £1000, or to both.^[2]

Republic of Ireland

This offence is created by section 8 of the Criminal Justice (Theft and Fraud Offences) Act, 2001.

References

↑ The Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)), article 6(2)(b)
↑ The Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)), article 6(3)

English criminal law

Classes of crimes	Common law Indictable Either way Summary Regulatory Lesser included

Elements of crimes	Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat

Inchoate offences	Encouraging or assisting crime Conspiracy Accessory Attempt Common purpose

Defences	Self-defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences

Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences against the Person Act 1861

Sexual offences	Rape Sexual assault Sexual Offences Act 2003

Public order offences	Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a Disorderly house Preventing the lawful burial of a body Breach of the Peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory (legal term) Misconduct in a public office Malfeasance in public office Abuse of authority Perjury of oath Dereliction of duty

Offences against property	Arson Dishonesty Cheating (law) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail

Forgery, personation and cheating	Forgery Cheating the public revenue Uttering

Offences against justice	Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprison of treason Misprision of felony Compounding a felony Jury_tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstructing justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner

Other common law areas	Contract Tort Property Wills Trusts and estates Evidence Criminal procedure

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Making off without payment

England and Wales

Northern Ireland

Republic of Ireland

See also

References