Dishonestly retaining a wrongful credit.23A

1

A person is guilty of an offence if—

a

a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

b

he knows or believes that the credit is wrongful; and

c

he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

2

References to a credit are to a credit of an amount of money.

3

A credit to an account is wrongful if it is the credit side of a money transfer obtained contrary to section 15A.

4

A credit to an account is also wrongful to the extent that it derives from—

a

theft;

b

an offence under section 15A;

c

blackmail; or

d

stolen goods.

5

In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made.

6

A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

7

Subsection (8) applies for purposes of provisions of this Act relating to stolen goods (including subsection (4)).

8

References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit.

9

In this section “account” and “money” shall be construed in accordance with section 15B.