False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.

England and Wales

This offence is created by section 17 of the Theft Act 1968 which provides:

Northern Ireland

This offence is created by section 17 of the Theft Act (Northern Ireland) 1969.

Visiting forces

This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.[8]

Mode of trial

This offence is an indictable offence which may be tried summarily upon consent of the accused.[9] See hybrid offence.

Sentence

A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[10] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.[11]

Republic of Ireland

This offence is created by section 10 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

This offence is a "relevant offence" for the purposes of the Criminal Justice Act 2011.[12]

See also

References

  1. Digitised copy of section 17 of the Theft Act 1968 from Legislation.gov.uk.
  2. Scott v Metropolitan Police Commissioner [1975] AC 819 at 836, per Viscount Dilhorne
  3. The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28
  4. The Theft Act 1968, section 17(1)
  5. The Magistrates' Courts Act 1980, section 32(1)
  6. The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph 3(g) (as inserted by the Theft Act 1968, Schedule 2, Part III)
  7. The Criminal Justice Act 1993, section 1(2)(a)
  8. The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph 3(g) (as inserted by the Theft Act (Northern Ireland) 1969, Schedule 3, Part III)
  9. The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), article 45 and paragraph 20 of Schedule 2 (as substituted by article 3(2) of, and Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1986 (S.I. 1986/1883 (N.I. 15)
  10. The Theft Act (Northern Ireland) 1969, section 17(1)
  11. The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)) ation.gov.uk/nisi/1981/1675/article/46 article 46(4)]
  12. The Criminal Justice Act 2011, section 3(1)(a) and paragraph 23 of Schedule 1