Theft Act 1978, s 3(1)

Making off without Payment

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

Subject to subsection (3) below, 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 shall be guilty of an offence.

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. knowing a payment on the spot required/expected
  • 2. for goods supplied/service done
  • 3. dishonestly
  • 4. made off
  • 5. without having paid as required/expected
  • 6. with intent to avoid payment of amount due

Defences

  • No specific standalone defence was extracted from the source text; consider any applicable statutory defence, reasonable excuse, lawful authority, self-defence, necessity, consent, identification challenge, or other common-law defence on the facts.

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 2 years' imprisonment

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

  • Verified dataset — legislation.gov.uk (current revised versions)

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