Introduction to Making Off Without Payment
Imagine you are at a restaurant. You finish a delicious three-course meal, but when the waiter turns their back, you bolt out the door without paying the bill. In the past, the law struggled to charge people for this under the Theft Act 1968 because the "property" (the food) had already been consumed. To fix this gap, Parliament created Section 3 of the Theft Act 1978.
This offence is specifically designed to deal with "bilking"—situations where a person knows they are expected to pay for goods or services on the spot but decides to leave without doing so. It is a common "offence against property" that you will need to master for Paper 2.
The Definition: s3(1) Theft Act 1978
The law states that a person is guilty of this offence if they:
"Knowing that payment on the spot for any goods supplied or service done is required or expected of him, he dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due."
To understand this fully, we need to break it down into the Actus Reus (the physical actions) and the Mens Rea (the mental state).
1. The Actus Reus (The Physical Elements)
There are four main things that must happen physically for this crime to be committed:
A. Making Off
This simply means leaving. It doesn't have to be a dramatic "run for the hills"—it can be walking calmly out of a shop or driving away from a petrol pump. However, the defendant must actually leave the area where payment was expected.
B. From the "Spot"
The "spot" is the place where the payment is supposed to happen.
- In a restaurant, the "spot" is usually the restaurant itself.
- In a taxi, the "spot" is the destination where the ride ends.
C. Goods Supplied or Services Done
The defendant must have received something. This could be goods (like a tank of petrol or a meal) or a service (like a haircut or a taxi ride).
Note: The law generally only protects lawful goods and services. You cannot be charged with making off without payment if you refuse to pay for something illegal!
D. Without Having Paid
This is the simplest part: the bill remains unpaid at the time the person leaves.
Quick Review: The Actus Reus = Leaving + the spot + without paying + for goods/services received.
2. The Mens Rea (The Mental Elements)
Even if someone leaves without paying, they aren't guilty unless they have the right "guilty mind." There are three parts to the Mens Rea here:
A. Knowledge that Payment is Required
The defendant must know that they are expected to pay "on the spot." If someone genuinely believes the meal was free (perhaps they thought they won a competition), they may lack this knowledge.
B. Dishonesty
Just like in the crime of Theft, the person must be dishonest. If a person forgets to pay because they are distracted (e.g., they get an emergency phone call and run out), they might not be acting dishonestly.
C. Intent to Avoid Payment Permanently
This is the "Golden Rule" for this chapter. To be guilty under s3, the person must intend to never pay.
The "I'll Pay Later" Scenario: If a person leaves a restaurant because they forgot their wallet, but they leave their phone behind and fully intend to come back in 10 minutes to pay, they do not have the intent to avoid payment permanently. Therefore, they are not guilty of this specific offence.
Key Takeaway: If the defendant intends to pay eventually, even if they leave without paying right now, they haven't committed this crime. They must want to dodge the bill forever.
Sentencing (s4 Theft Act 1978)
Under Section 4 of the Act, making off without payment is a "triable either way" offence. This means it can be heard in either the Magistrates' Court or the Crown Court, depending on how serious the specific case is (e.g., the value of the unpaid bill).
Common Mistakes to Avoid
Don't worry if this seems a bit technical! Here are the most common traps students fall into:
- Confusing it with Theft: In Theft, the person usually intends to steal at the very beginning. In Making Off, the person might have started with good intentions (ordering a meal) but decided to leave without paying at the end.
- Forgetting the "Spot": Remember, the crime is only complete when they actually leave the area of payment.
- The "Temporary" Dodge: Always check the scenario for whether the person intended to pay later. If they leave their name and address or a valuable item as a guarantee, they probably don't have the intent to avoid payment permanently.
Summary Table for Revision
Actus Reus:
1. Making off (leaving).
2. From the spot where payment is expected.
3. Without paying.
4. For goods/services received.
Mens Rea:
1. Knowledge that payment is required on the spot.
2. Dishonesty.
3. Intention to avoid payment permanently.
Exam Tip for Paper 2
In Section A of Paper 2, you will be given a scenario and source material. Always look closely at the s3 Theft Act 1978 extract provided in the paper. Use the exact words from the statute when applying the law to the characters in the story. For example, instead of saying "he ran away," say "he made off from the spot where payment was expected." This shows the examiner you are thinking like a lawyer!