2 Dishonestly retaining a wrongful credit.
1
After section 24 of the Theft Act 1968 insert—
24A Dishonestly retaining a wrongful credit.
1
A person is guilty of an offence if—
a
a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
b
he knows or believes that the credit is wrongful; and
c
he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.
2
References to a credit are to a credit of an amount of money.
3
A credit to an account is wrongful if it is the credit side of a money transfer obtained contrary to section 15A of this Act.
4
A credit to an account is also wrongful to the extent that it derives from—
a
theft;
b
an offence under section 15A of this Act;
c
blackmail; or
d
stolen goods.
5
In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made.
6
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.
7
Subsection (8) below applies for purposes of provisions of this Act relating to stolen goods (including subsection (4) above).
8
References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit.
9
In this section “account” and “money” shall be construed in accordance with section 15B of this Act.
2
This section applies to wrongful credits made on or after the day on which this Act is passed.