5 replies to this topic

[Jeebs]

Am I right in thinking that cheating is no longer an offence unless it is part of a Theft (standard theft act definition)?
I believe that there is some offence relating to the "Gaming" laws which also includes the act of cheating.

However, did anything supersede the offence of cheating? Is it now encompassed by the fraud act?

EDIT: Academic Cheating is not an offence, I made a mistake.........oops!

Edited by Jeebs, 09 April 2012 - 11:31 PM.

[Hades]

It was an offence to cheat in exams?!

[Jeebs]

Oh the embarrassment, no its not but I think it might have been in the past. My bad.

[oohraa]

It was an offence to cheat in exams?!

Please tell me this was before I cheated in my Police exams!

[KTC]

Cheating the public revenue is an offence under common law.

Cheating at play was an either way offence under Gaming Act 1845 s17. All other offence of cheating was a misdemeanour under common law. Common law cheating other than revenue was abolished by the Theft Act 1968 s32(1)(a), which created in s15 an indictable offence of obtaining property by deception. This itself was repealed by the Schedule 3 of Fraud Act 2006. The Gaming Act 1845 was repealed by the Gambling Act 2005, where in s42 created an either way offence of cheating. For example, Salman Butt et al. was convicted of conspiracy to cheat under the Gambling Act 2005.

[rower]

Oxford v Moss (1979) - student who caught sight of his upcoming exam paper - theft, intangible property and information. The court ruled that information could not be deemed to be intangible property and therefore was incapable of being stolen within the Theft Act 1968.

Edited by David, 17 April 2012 - 05:15 PM.
Formatting changed to standard for ease of reading