If someone lifted 5 grand out of a Halifax account via identity theft and was duly identified (the easy bit) and prosecuted - what would the penaly be on a first offence ?
(I'm not planning anything, I know a victim)
Phil
What, on top of returning the 5 grand plus interest??? Sounds like theft or fraud or both, to me....If a genuine theft, hope he gets put away...
Yours aye
Rab
In message , Phil Thompson writes
If charged with theft then that is triable either by magistrates or the crown court. The maximum penalty in the Magistrates court is a level 5 fine (
thanks John. Doesn't seem a massive deterrent but maybe enough to make them think again - loss of job and some bad publicity will probably have more impact than the sentencing by the look of it.
Phil
In message , Phil Thompson writes
I should have said that of the case is tried by the Magistrates and they find the defendent guilty they can still send him the Crown Court for sentencing if the Mags think their powers, as above, are insufficient. Or they could send it to the Crown Court for trial or the defendant cold elect for trial at the Crown Court anyway.
"john boyle" wrote
Can the defendant elect for trial at Crown Court immediately *after* being found guilty by magistrates, or only beforehand?
In message , Tim writes
No! The trial has already taken place in the magistrates court so it cant be tried again in the Crown Court.
Yes.
This procedure only applies to those offences which are triable 'either way', Theft being one of them. Some offences can only be tried by Magistrates and some only by the Crown Court although they all start in the Mags court.
There seems to be a point here, a normally law abiding citizen is going to be deterred by a criminal conviction and their life would be ruined by it. A toe rag however who doesn't give a damn about a criminal conviction would probabley consider a fine or community penalty worth the effort. It amazes me how many people I see travelling on childrens tickets on the undergound when you or I would think that is wasn't even worth the effort let alone that it is wrong.
Kevin
In message , snipped-for-privacy@mwfree.net writes
Dont forget that I said that the sentences were just 'guidlines' and the 'starting point' for a first offence. The maximum available to magistrates is £5k &/or 6 months or they can send it to the Crown Court if they think a stiffer sentence is required.
BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.