Making Off Without Payment (Section 3 Theft Act 1978)

Making off without payment is an offence under s.3 Theft Act 1978. A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due is guilty of an offence (s.3(1)); “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided (s.3(2)). The offence does not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable (s.3(3)). Offences under the Act are punishable either on conviction on indictment or on summary conviction (s.4(1)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding two years (s.4(2)(b)); on summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the prescribed sum for the purposes of section 32 of the Magistrates' Courts Act 1980, or both (s.4(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).