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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Is theft (making off without making payment), section

Customer Question

Hi
Is theft (making off without making payment), section 3(1) and 4 of the theft act 1978 have a time limit by which the police must lay summons to the court. i.e Summary offences can have a 6 month time limit to lay papers. What about cases of theft with a threshold amount (price tag of item) involved?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this for an assignment?
Customer: replied 1 year ago.

Hi yes and no. That shouldn't affect the answer I hope. If you are charged 8 months after the offence for theft (making off without making payment), section 3(1) and 4 of the theft act 1978 is it valid? is there no expiry? or time limit, if it is a summary offence, or is it?

Expert:  Jo C. replied 1 year ago.
Making off without payment is an either way offence so not subject to statutory time barring.
It can therefore be tried either on indictment or summarily and is not subject to summary only time limitations.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

ok so what if you have been charged with two offences on the same day 8 months after the alleged offence. i.e charge 1 is the above theft and charge 2 is the criminal damage (of less than 5K). So now I know that the criminal damage in theory is a summary offence and on its own has a six month limit. But what if you are charged with a summary only offence along side an "either way" offence, the is there a loop hole saying that both offences become valid? Even if the criminal damage is no longer lawful?

Expert:  Jo C. replied 1 year ago.
No.
In fact, Sudbury Justices says that they can amend the charge to a summary only charge out of time if the original charge was laid in time and it arises from the same set of facts.
Even if the criminal damage fell the making off without payment would stand.
Customer: replied 1 year ago.

Yes but what I mean is what about the opposite. If they theft stands then does that mean the criminal damage would stand (even though usually it would not if over 6 months) ?

Expert:  Jo C. replied 1 year ago.
Not if it was out of time but they could charge it if the original charge was in time and it arose from the same set of facts.
Customer: replied 1 year ago.

Sorry what do you mean by original charge was in time? what constitutes the "original" charge if they were issued on the same day 8 months later?

Expert:  Jo C. replied 1 year ago.
Any charge arising from the same set of facts.
That would have to be within six months.
Customer: replied 1 year ago.

put another way what you are saying is... if any charge was filed within 6 months then any OTHER summary offence charge arising from the same set of fact could be filed even after 6 months?

Customer: replied 1 year ago.

For example:

Police file charge for careless driving within 6 months then after 6months on month 8 they can still file charges for "criminal damage" if the offence grew out of the same incident?

Please confirm example fits in theory what you are saying>

Expert:  Jo C. replied 1 year ago.
Yes, that is right. As long as it arises from the same set of facts. Sudbury Justices.

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