Investigative Skills PDF (Making Off Without Payment)

Police College INV09 INV09 Investigative Skills Making Off Without Payment Introduction This offence is often described by the slang term ‘bilking’. The offence was introduced to close a loophole created by the deception o...

Police College INV09 INV09 Investigative Skills Making Off Without Payment Introduction This offence is often described by the slang term ‘bilking’. The offence was introduced to close a loophole created by the deception offences in the 1969 Theft Act (NI). Simply, you dishonestly make off knowing you should have paid, there is no deception required when committing this common offence. It covers activities such as leaving a restaurant or hotel without paying, not paying a taxi fare and filling up with petrol and driving off. Article 5 (1) Theft (NI) Order 1978 OFFICIAL [SENSITIVE] Page 77  Police College INV09 INV09 Points to Prove and Examples Knowing (with intent to avoid payment) The prosecution has to prove that: The person knew payment was due. There was an intention to permanently avoid payment. Example 1 Frazer collects 200 copies of his office’s monthly report from the printers on the first Monday of the month, the company is billed quarterly. In December there was a special report which he collected as usual believing it was to be included on the quarterly account, it was in fact pay on collection. Frazer did not knowingly leave without paying. Payment on the spot The term ‘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. Article 5(2) Theft (NI) Order 1978 OFFICIAL [SENSITIVE] Page 78  Police College INV09 INV09 Goods supplied or service done Paragraph (1) 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. Article 5 (3) Theft (NI) Order 1978 Dishonestly ‘Dishonestly’ is not defined, however Section 2 of the Theft Act (NI) 1969 states: ‘A person’s appropriation of property belonging to another is not to be regarded as dishonest – a. If he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person” b. If he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it’. c. If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. Example 2 Smith appropriates Green’s umbrella in the mistaken belief he owns it. This is not dishonest, as per 2(a). Example 3 Coates and Murray are next door neighbours. Coates runs out of milk and takes a pint from Murray’s doorstep without his knowledge. Coates believes that Murray would allow the taking with regard to the circumstances. This is not dishonest as per 2(b). Example 4 Ownership of a £1.00 coin found in the street is not likely to be established easily, whereas a credit card is identifiable and ownership would easily be determined, as per 2(c). OFFICIAL [SENSITIVE] Page 79  Police College INV09 INV09 Belief It is for the suspect to prove that their belief in any of the above 4 examples was a genuine belief, no matter how foolish that belief was. The final decision on this point will be made by the court. See dishonesty case law on page 40 for further information. A person’s taking of property belonging to another may be dishonest notwithstanding that he is willing to pay for it. A person who takes a bottle of milk from a doorstep but leaves the money is not necessarily to be regarded as honest. Notice that the Act does not say that it will be dishonest, only that it might be. Makes Off The accused must leave the spot where payment was/is required to be made. If all other elements of the offence are present but the person was stopped before they made off, then it may only be an attempt. (R v Brooks 1983). As Required or Expected As in example 1 the prosecution must prove that the defendant knew that payment was expected or required. (R v Brooks 1983). Practical Point You would need to use your discretion, looking at all the circumstances before deciding whether an offence had been committed. If no offence has been committed, what alternative action can you take and what other advice can you offer? OFFICIAL [SENSITIVE] Page 80  Police College INV09 INV09 Consider the following examples? Example 5 A man, having consumed a meal in a restaurant decides that the service and quality of the food was not good enough and refuses to pay. He is still in the restaurant when you arrive. No offence the person has not made off. Example 6 A man, having consumed a meal in a restaurant decides that the service and quality of the food was not good enough and refuses to pay. After an argument with the staff he leaves his correct name and address for the owner to contact him later, but has left when you arrive. No offence, there is no intent to avoid payment. Example 7 A man, having consumed a meal in a restaurant decides that the service and quality of the food was not good enough and refuses to pay. The owner is furious and phones the police as he does so the man leaves. This may be an offence further enquiries are needed. Example 8 A man, having consumed a meal in a restaurant waits until the staff are distracted and then leaves. This is an offence. Refusing to pay a bill in a restaurant is not in itself a criminal offence; it may as in examples 6, 7 & 8, be the result of a dispute over a meal. One of the parties to the dispute may not be satisfied if you say that no offence has been committed. OFFICIAL [SENSITIVE] Page 81  Police College INV09 INV09 The following agencies may be able to give advice to help to resolve the dispute: Citizens Advice Bureau. Small Claims Court. Trading Standards Officer. Make sure that you record details of the action you have taken and advice given in your notebook, as you may be required to give evidence. Please note that you have to be able to show intent to be able to prove the offence of making off without payment. Typically proving the intent of a suspected ‘drive off’ will usually only be achieved through an admission to avoid payment as rarely will their behaviour observed and/or captured on CCTV or other circumstances be sufficient to prove intent. OFFICIAL [SENSITIVE] Page 82