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Obtaining services dishonestly

s.11Fraud Act 2006

Obtaining services for yourself or another by a dishonest act, without paying in full, when you know payment is or might be required and intend not to pay in full.

Obtaining services dishonestly · Fraud Act 2006, s.11Card 20 / 85

Points to prove

Obtained services for themselves or another
By a dishonest act
The services were made available on the basis that payment has been, is being or will be made for them
Obtained them without any payment, or without payment in full
Knowing that the services were, or might be, made available on that basis
Intending that payment will not be made, or will not be made in full

Key definitions

Dishonest – not defined in the Act. The test is Ivey v Genting (2017), applied in R v Barton and Booth (2020): the defendant’s actual knowledge or belief, then whether the conduct was dishonest by the standards of ordinary decent people.
Services – not defined in the Act. Covers anything provided on the basis that it will be paid for, such as transport, entertainment, internet or satellite services, and hotel rooms.
Payment in full – s.11(2)(b): obtaining a service while paying only part of the price is enough.

Good to know

Unlike fraud, this is a result offence: the services must actually be obtained.
It needs a dishonest act. A dishonest omission on its own is not enough.
Examples: climbing over a wall to watch a match without paying, using a decoder to get paid-for TV without a subscription, or using false card details to buy a service online.
It replaced the old offence of obtaining services by deception (Theft Act 1978, s.1). No deception is needed, so it covers services obtained from machines and automated systems.

Legislation: Fraud Act 2006, s.11 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment)