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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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My department holds a small fund. Someone asked to have some

Resolved Question:

My department holds a small fund. Someone asked to have some change made and it was suggested that the act of doing this amounted to a criminal offence, specifically misappropriation. Is that really the case?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What act amounts to a criminal offence?
Customer: replied 3 years ago.


The act of changing money

Expert:  Jo C. replied 3 years ago.
Sorry but what is the misappropriation? You are saying that you gave somebody change and so there was no loss?
Customer: replied 3 years ago.

The act of changing money for someone from the fund, i.e. If I asked to have £5 changed then anyone using to fund to facilitate this request would be guilty of misappropriation.


 

Expert:  Jo C. replied 3 years ago.
What do you actually mean by changing money in this sense?
Customer: replied 3 years ago.


Collecting a £5 note and handing over 5 £1 coins.

Expert:  Jo C. replied 3 years ago.
Please don't worry about this.

Whoever has told you that this is an offence is talking nonsense.

There is no loss and so this does not amount to fraud or theft or any other offence.

Even if we treated this as fraud because there is actual coin deprivation, there is no 'loss or gain' because the funds are recovered.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Does the act in itself does not amount to a criminal offence of any kind?

Expert:  Jo C. replied 3 years ago.
No.

Giving change is common place in the UK.

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