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Dishonestly retaining a wrongful credit

s.24ATheft Act 1968

Dishonestly failing to take reasonable steps to cancel a credit to your account that you know or believe comes from theft, blackmail, fraud or stolen goods.

Dishonestly retaining a wrongful credit · Theft Act 1968, s.24ACard 31 / 195

Points to prove

A wrongful credit was made to an account kept by them, or in which they had a right or interest
They knew or believed that the credit was wrongful
They dishonestly failed to take such steps as were reasonable in the circumstances to secure that the credit was cancelled

Key definitions

Credit – s.24A(2): a credit of an amount of money.
Wrongful credit – s.24A(2A): a credit is wrongful to the extent that it derives from theft, blackmail, fraud (contrary to s.1 Fraud Act 2006) or stolen goods.
Account – s.24A(9) and (10): an account kept with a bank, an electronic money issuer, or another business that takes deposits and lends them out or funds its activities from them.
Overdrawn accounts – s.24A(5): it does not matter whether the account was overdrawn before or after the credit.
Dishonestly – the test in Ivey v Genting Casinos 2017, confirmed for criminal cases in R v Barton and Booth 2020.

Good to know

A credit paid in by mistake (such as a bank error) is not a wrongful credit, as it does not derive from theft, blackmail, fraud or stolen goods. Keeping it may instead be theft (Theft Act 1968, s.5(4)).
s.24A(8): money dishonestly withdrawn from an account holding a wrongful credit is treated as stolen goods, to the extent it derives from the credit. Handling (s.22) may then apply to whoever receives it.
Useful against account holders who receive fraud proceeds and simply leave them in place, where it is hard to prove they took part in the fraud.
The statute only states the Crown Court maximum. It is triable either way under Schedule 1 to the Magistrates’ Courts Act 1980.

Legislation: Theft Act 1968, s.24A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Dishonestly retaining a wrongful credit: questions people ask

What are the points to prove for dishonestly retaining a wrongful credit?

1. A wrongful credit was made to an account kept by them, or in which they had a right or interest 2. They knew or believed that the credit was wrongful 3. They dishonestly failed to take such steps as were reasonable in the circumstances to secure that the credit was cancelled

What is the maximum sentence for dishonestly retaining a wrongful credit?

10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is dishonestly retaining a wrongful credit a summary, either-way or indictable offence?

Dishonestly retaining a wrongful credit is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is dishonestly retaining a wrongful credit?

Dishonestly retaining a wrongful credit is an offence under the Theft Act 1968, s.24A.

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