Obtaining services dishonestly

It is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to avoid payment for those services under the Fraud Act 2006 (FrA 2006).

The elements of the offence are that the defendant:

1. •

   obtains for themselves or another

2. •

   services

3. •

   dishonestly

4. •

   knowing the services are made available on the basis that payment has been, or is being, or will be made for or in respect of them or that they might be, and

5. •

   intends to avoid payment in full or in part

The defendant must know that the services are made available on the basis that they are chargeable, or that they might be chargeable. Services which are offered for free would not be caught by this offence.

The offence of obtaining services dishonestly may be committed in circumstances that otherwise could be charged as an offence contrary to FrA 2006, s 1 or may be more connected to the offence of making off without payment,