(1)A person is guilty of an offence under this section if he obtains services for himself or another—
(a)by a dishonest act, and
(b)in breach of subsection (2).
(2)A person obtains services in breach of this subsection if—
(a)they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b)he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c)when he obtains them, he knows—
(i)that they are being made available on the basis described in paragraph (a), or
(ii)that they might be,
but intends that payment will not be made, or will not be made in full.
(3)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).
(4)Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.
Textual Amendments
F1Words in s. 11(3)(a) (and, by implication, the same words in s. 11(4)) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1