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Section 15A was repealed on 15 January 2007[1] by sections 14(1) and (3) and 15(1) of, and paragraph 1(a)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to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Section 15B was repealed on the same date[2] by sections 14(1) and (3) and 15(1) of, and paragraph 3 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006.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

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Section 15A was repealed on 15 January 2007[6] by sections 14 and 15(1) and (4) of, and paragraph 1(c)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to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Section 15B was repealed on the same date[7] by sections 14(1) and (3) and 15(1) and (4) of, and paragraph 9 of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006.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
  • Smith, J. C. Money Transfers: "What Preddy did" to be an offence [1996] 9 Archbold News 4.
  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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