Scottish Crime Recording Standard: Crime Recording and Counting Rules

Group 3 – Crimes of Dishonesty

Crime Category - SGJD Code

Civic Government (Scotland) Act 1982, S57

• In building with intent to steal - 21/003

Civic Government (Scotland) Act 1982, S58

• Convicted thief in possession - 21/002

Criminal Justice and Licensing (Scotland) Act 2010, S49

• Articles for use in Fraud - 25/000

Criminal Law (Consolidation) (Scotland) Act 1995, S46A

• False monetary instruments - 25/000

Forgery and Counterfeiting Act 1981 - 31/001

Forgery and Uttering (excluding currency offences) - 25/000

Fraud

• Breach of Trust/Embezzlement - 24/000
• Fraud - 25/000
• Bankruptcy - 27/000

Housebreaking - 19/004 to 19/012

Identity Documents Act 2010 - 25/000

Open Lockfast Place (excluding motor vehicle) - 20/001 to 20/003

Open Lockfast Place (ATM) - 25/000

Open Lockfast Place (Motor Vehicle) - 20/004 to 20/006

Proceeds of Crime Act 2002

• Money Laundering - 31/004

Reset - 23/000

Theft by Shoplifting - 22/003

Theft (not elsewhere classified) - 22/001

Theft from Motor Vehicle - 22/005

Theft of Motor Vehicle including Take and Drive Away and - 22/002

Attempted Theft of Motor Vehicle - 22/006

Theft of Pedal Cycle - 22/004

Trade Marks Act 1994, S92 - 25/000

Vehicle Excise and Registration Act 1994

• S44 Fraud - 25/000
• S44 Forgery - 26/000

Counting Rules

Multiple incidences of the same Crime of Dishonesty committed on the same occasion at the same locus with the same complainer will be recorded as one crime only. Where it would be possible to record multiple types of crimes of dishonesty (e.g. Theft by Housebreaking and opening lockfast place) within the same incident, only one crime type i.e. the most ‘serious’ will be applied. The term used within this manual for this practice is ‘subsume’.

21/003 - Civic Government (Scotland) Act 1982, Section 57 Intended Theft (Curtilage, In / on a Building, Vehicle/Vessel)

General Rule

One crime for each separate property not within the same curtilage/building/vehicle/vessel

Definition

Section 57

Any person who, without lawful authority to be there, is found in or on premises, whether enclosed or not, or in its curtilage or in a vehicle or vessel so that, in all the circumstances, it may reasonably be inferred that they intended to commit theft.

Victim/Complainer

Owner of the Property/Procurator Fiscal (where no owner identified)

Locus

Where crime takes place

Examples

Example 1

Householder finds a person in their house looking through a kitchen cupboard, person makes off empty handed and is not traced.

- 1 x Civic Government (Scotland) Act 1982, S57

Example 2

Householder sees a hand appearing through the kitchen window, raising the window in an attempt to steal a purse lying just inside.

- 1 x Housebreaking with intent to steal (domestic)

Example 3

Two persons found within the closed private bar area of a hotel looking through cupboards with no reason for being there.

- 1 x Civic Government (Scotland) Act 1982, S57

Example 4

An insecure vehicle has been entered with the suspect making off on being disturbed. There are indications that a search has been carried out e.g. property/documents disturbed, the glove box has been searched, but no indication of an attempt to steal the vehicle and no property found to be missing.

- 1 x Civic Government (Scotland) Act 1982, S57

Example 5

Two persons carrying a large bag are seen by a security guard in a compound with torches, looking in the windows of three portacabins, which are owned by different contractors, access having been gained by climbing over the fence. Both persons make off on the security guard making their presence known. No property identified as having been stolen.

- 1 x Civic Government (Scotland) Act 1982, S57

Example 6

'A' who has previous convictions for crimes of Theft is found within the curtilage of a building in circumstances where it could reasonably be inferred that they intended to commit Theft. When searched by Police 'A' is found to be in possession of gloves and a crowbar.

- 1 x Civic Government (Scotland) Act 1982, S57 (no requirement to record a separate Section 58 offence in circumstances where the person is found within the curtilage).

Example 7

Householder on examining CCTV footage sees a person walking up their private driveway during hours of darkness, looking around them, trying each of the door handles of a car parked in the driveway before trying doors of the house and garage.

- 1 x Civic Government (Scotland) Act 1982, S57 (the circumstances clearly indicate an intent to steal. If the provenance of the CCTV footage can be established the courts will accept such footage as real evidence. If the locus was on a road and the circumstances clearly indicate an intent to steal then an Attempted Theft from a Motor Vehicle could be recorded).

Note

In order to record an undetected crime in this category the person must be found/seen, and, the circumstances must infer theft was intended.

It is not necessary for the person(s) to have been seen by a police officer.

Where the evidence shows a person’s intention was to steal, but they are not traced, the crime remains undetected.

A crime must be recorded in circumstances where it appears clear from any visual recording system footage that a crime has occurred and the provenance of the recording can be established.

Impersonating an official attempting to gain entry to a house should be recorded as Attempted Fraud (door to door sales and bogus tradesmen).

21/002 - Civic Government (Scotland) Act 1982, Section 58 Possession of Tool/Tools with intent to steal

General Rule

One crime for each accused

Definition

Section 58

Any person who, has two previous convictions for crimes of theft,

(theft includes any aggravation of theft, including robbery) -

(a) has or has recently had in his possession any tool or other object from the possession of which it may reasonably be inferred that he intended to commit theft or has committed theft;

and

(b) is unable to demonstrate satisfactorily that his possession of such tool or other object is not or was not for the purposes of committing theft.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

‘A’ is found acting suspiciously in an enclosed car park and on being searched is found to have a jemmy in their pocket. It is established they have three convictions for theft.

- 1 x Civic Government (Scotland) Act 1982, S58

25/000 - Criminal Justice and Licencing (Scotland) Act 2010, Section 49 Articles for use in fraud

General Rule

One crime for each offence

Definition

Section 49

(1) A person (“A”) commits an offence if A has in A's possession or under A's control an article for use in, or in connection with, the commission of fraud.

(3) A person commits an offence if the person makes, adapts, supplies or offers to supply an article—

(a) knowing that the article is designed or adapted for use in, or in connection with, the commission of fraud, or

(b) intending the article to be used in, or in connection with, the commission of fraud.

(5) In this section, “article” includes a program or data held in electronic form.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

A device is recovered on an ATM and is confirmed to be foreign to its environment. Clarifications with specialists (e.g. Economic Crime Unit) indicate that the device is a Skimmer/Card Trap/Cash Trap/Eavesdropping Device/Camera Bar/False Keypad. No suspect is immediately identifiable.

- 1 x Attempted Theft (a device has been deployed in order to commit theft but it is not immediately obvious that any theft has occurred).

Example 2

'A' has used their bank card at an ATM where the card has been swallowed. A short time later a suspect is identified as having used 'As' card to make withdrawals at various ATMs. The suspect is traced and found in possession of a card trap and camera bar.

- 1 x Theft (doctrine of recent possession of card)

- 1 x Theft by Opening Lockfast Place (ATM) (recorded as a crime per account)

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S49 (1) - Possess article used in Fraud

Example 3

During a house search a skimming device, a card producing device and 3 cloned bank cards are found.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S49 (1) (for skimming device)

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S46A (2) (b) (for card producing device)

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S46A (2) (a) (for possession of cloned cards)

ATM Skimming/Common Purchase Point

Where the banks or APACS report information to a SPOC that a ‘Common Purchase Point’ has been used to obtain plastic card details a crime should be recorded.

Example 4

A Financial Institution report to a Police SPOC that after an investigation into a number of fraudulent purchases abroad on various accounts, a garage within the Force area has been identified as the ‘common purchase point’ where the details from the cards were obtained. Equipment used to skim and record card details is found at the locus.

- 1 x Criminal Justice and Licensing (Scotland) Act 2010, S49 (1) and depending on evidence available 1 x Theft (theft of data applies when the equipment is used to obtain the data). The equipment must be seized or evidence must be available to confirm the device was at the locus for a crime to be established.

If a person or a group is shown to be responsible for a number of separate ‘Common Purchase Points’, count one crime for each separate location.

Example 5

A group of persons are shown to be responsible for obtaining card details from twelve separate retail outlets they own or are employed by and passing the details abroad for use in fraud. Equipment used to skim and record card details is found at each locus.

- 12 x Criminal Justice and Licensing (Scotland) Act 2010, S49 (1) – Articles For Use In Fraud and depending on evidence available 12 x Theft (theft of data applies when the equipment is used to obtain the data). The equipment must be seized or evidence must be available to confirm the device was at the locus, for a crime to be established.

Note

Frauds at cashpoints are commonplace and often involve organised criminal gangs. Skimming occurs when a device is fixed to an Automated Teller Machine (ATM) whereby a PIN number is obtained when being entered on the machine keypad and is associated with track data obtained from the user’s card when it is inserted.

Examples of devices found on ATMs deployed in criminality are:

• ATM Card Skimmer - electronic device used to record and steal data from the card.
• ATM Card Trap - non-electronic device used to trap card in order to steal.
• ATM Cash Trap - non-electronic device used to trap cash being dispensed.
• Eavesdropping device - electronic device used to record and steal bank card data from the internal workings of the ATM.
• Camera Bar - electronic device used to record visual images of a PIN number being input.
• False Keypad - electronic device used to record electronic data of PIN number being input.
• Cloned Bank Card - white plastic card holding the data of a genuine bank card.

25/000 - Criminal Law (Consolidation) (Scotland) Act 1995, Section 46A False monetary instruments

General Rule

One crime for each incident (seizure)

Definition

Section 46A

(1) A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine.

(2) A person who has in his custody or under his control, without lawful authority or excuse-

(a) anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or

(b) any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument.

(3) For the purposes of subsections (1) and (2) (a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

‘A’ is apprehended for making a cloned credit card admits to making five other cards.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995 S46A (1)

Example 2

‘A’ is apprehended for making ten cloned credit cards.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995 S46A (1)

Example 3

‘A’ is stopped and found to be in possession of twelve cloned credit cards.

- 1 x Criminal Law (Consolidation) (Scotland) Act, 1995 S46A (1)

Where an offender makes an article used in fraud and then uses that article fraudulently only the fraudulent use should be recorded not the Criminal Law (Consolidation) (Scotland) Act 1995, Section 46A - False Monetary Instrument.

Example 4

‘A’ makes five cloned credit cards and then uses each card at different locations in circumstances amounting to fraud.

- 5 x Fraud - Cheque, Plastic Card and Online Bank Accounts (the Criminal Law (Consolidation) (Scotland) Act 1995, S46A - False Monetary Instruments is subsumed in the fraud)

Actual or attempted frauds by false representation take precedence over crimes of possessing articles for use in frauds.

Example 5

‘A’ is found in possession of a cloned credit card and admits to just having purchased goods using the cloned card.

(a) The fraud has already been reported.

- No crime recorded in addition to the reported Fraud

(b) The fraud has not yet been reported.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Note

Criminal Justice and Licensing (Scotland) Act 2010, Section 49 (Control/possess article for commission of Fraud) should be used where persons are found in possession of or have control of an article for use in, or in connection with, the commission of fraud. Where no one has been found in possession of an article

Section 46A should be recorded.

The following monetary instruments are hereby specified for the purposes of Section 46A:

• money orders;
• postal orders;
• United Kingdom postage stamps;
• share certificates;
• cheques and other bills of exchange;
• travellers' cheques;
• bankers' drafts;
• promissory notes;
• cheque cards;
• debit cards; and
• credit cards

31/001 - Forgery and Counterfeiting Act 1981

General Rule

• One crime for each incident – making currency
• One crime for each victim/incident – tendering currency

Definition

Section 14(1)

It is an offence for a person to make a counterfeit of a currency note or a protected coin, intending that they or another shall pass or tender it as genuine.

Section 14(2)

It is an offence for a person to make a counterfeit of a currency note or of a protected coin without lawful authority or excuse.

Section 15(1) (a)

It is an offence to tender as genuine a counterfeit currency note or protected coin.

Section 16(1)

It is an offence for a person to have in their custody or under their control anything which is, and which they know or believes to be, a counterfeit of a currency note or of a protected coin, intending either to pass or tender it as genuine or to deliver it to another with the intention that they or another shall pass or tender it as genuine.

Section 16(2)

It is an offence for a person to have in their custody or under their control, without lawful authority or excuse, anything which is, and which they know or believes to be, a counterfeit of a currency note or of a protected coin.

Complainer

Procurator Fiscal

Locus

Where currency is presented

Examples

Example 1

‘A’ presents £20 note to sales assistant to pay for goods. On sales assistant advising that note is a forgery, person makes off.

- 1 x Forgery and Counterfeiting Act 1981, S15 (1) (a) (due to the actions of the person tendering the currency it can be presumed that the note was tendered knowingly).

Example 2

‘A’ presents £10 note to sales assistant to pay for goods. The sales assistant advises that the note is a forgery and hands it back and the goods are paid for with further monies.

- No crime should be recorded as the note has not been recovered therefore it cannot be confirmed that the note was in fact counterfeit.

Example 3

‘A’ is found in possession of ten counterfeit notes from various banks.

- 1 x Forgery and Counterfeiting Act 1981, S16 (2)

Example 4

‘A’ presents £350 in forged notes in payment for white goods. Notes made up of different denominations and banks.

- 1 x Forgery and Counterfeiting Act 1981, S15 (1) (a)

Example 5

‘A’ buys a phone from the internet for £340 and on receiving the phone decides it wasn't the one they wanted and advertises it for sale. The next day a buyer offers £430. ‘A’ meets the buyer, hands over the phone and on returning home finds the cash to be counterfeit.

- 1 x Forgery and Counterfeiting Act 1981, S15 (1) (a)

Example 6

‘A’, ‘B’ and ‘C’ enter a supermarket and within a short timescale each tenders a counterfeit £50 note while making a low value purchase. The circumstances indicate that they are acting together.

- 3 x Forgery and Counterfeiting Act 1981, S15 (1) (a) (while the circumstances indicate they were acting together each has entered into a separate transaction and has tendered a different note which would amount to three separate incidents).

Example 7

‘A’ enters three separate shops and pays for goods with counterfeit currency where there is clear evidence the currency has been tendered as genuine in the knowledge it was counterfeit.

- 3 x Forgery and Counterfeiting Act 1981, S15 (1) (a)

Example 8

When cashing up the day’s takings a counterfeit note is found and the police are contacted. There is nothing to confirm who tendered the note and if the note was tendered knowingly.

- No crime requires to be recorded

Example 9

'A' reports that three counterfeit notes were tendered at the same locus all in suspicious circumstances which indicated the suspect(s) were aware that the notes were not genuine:

(a) occurred on three separate occasions and all notes relate to the same bank.

- 3 x Forgery and Counterfeiting Act 1981, S15 (1) (a)

(b) occurred on one occasion and all notes relate to different banks.

- 1 x Forgery and Counterfeiting Act 1981, S15 (1) (a)

Note

Arrangements have been made with Banks, Post Offices and Building Societies for counterfeit United Kingdom sterling identified at a branch or processing centre to be forwarded direct to the issuing bank without Police involvement.

This however does not prevent a member of a Bank or Building Society staff from calling the Police following the discovery of counterfeit currency if this is deemed necessary.

Where a crime report has been created and subsequent enquiry cannot establish that the passing of the counterfeit currency was deliberate, the crime report should be updated to ‘No Crime’.

Where it is suspected that counterfeit currency was tendered knowingly e.g. due to actions of the suspect, a crime report should be created, and where no accused is traced, this will remain recorded as undetected.

25/000 - Forgery and Uttering (excluding currency offences)

General Rule

One crime for each account/victim

Definition

This crime consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.

The forgery may be committed in many ways, such as:

(a) fabricating a whole document, including signature, or

(b) adhibiting a false signature to a genuine document, or

(c) transferring a genuine signature, from the deed to which it is affixed, to a false document, or

(d) making alterations in a genuine document, so as to change its character or meaning, without the knowledge or consent of the subscriber, or

(e) placing a writing above a genuine signature without the authority of the subscriber.

Complainer

Person/business who suffers loss

Locus

Where crime takes place

Examples

Example 1

‘A’ alters drug dosage on a prescription and presents same at chemist.

- 1 x Forgery and Uttering S58

On ‘A’ being apprehended they admit to five similar crimes.

- 1 x Forgery and Uttering. Forgery of drug prescriptions is the principal crime over Fraud. The victim is the health service provider not the chemist.

Example 2

‘A’ forges ‘B’s’ signature on a cheque and presents same at post office.

- 1 x Forgery and Uttering

Example 3

‘A’ adds a zero to a cheque for £100 making it £1000.

- 1 x Forgery and Uttering

Example 4

Five cheques from a previously reported stolen cheque book are used to obtain goods from the same store. They are reported to the police at different times.

- 1 x Forgery and Uttering (they are all from the same account).

Example 5

Steal prescription pad from doctor's surgery, four different chemists report forged prescriptions being used from the stolen pad.

- 1 x Forgery and Uttering

- 1 x Theft

Note

Forgery by itself is not criminal. To complete the crime, the forged document must be put to use or founded on as genuine. The uttering must be made with fraudulent intent and there must be such surrender of possession as to put the document out of control of the accused.

Forgery of drug prescriptions is the principal crime over fraud. The complainer is the health service provider not the chemist.

In respect of cheques, the locus will be where the cheque was presented i.e. uttered.

Fraud

25/000 - Fraud (including statutory Fraud)

26/000 - Breach of Trust / Embezzlement

27/000 - Bankruptcy

Definition

It is impossible to give a succinct definition to embrace all the modes of Fraud but the following elements must be present in each case, viz –

(a) Falsehood - false representation by word of mouth or writing or false conduct;

(b) Fraud - intention to deceive and defraud, and

(c) Wilful Imposition - which the cheat designed had been successful to the extent of gaining benefit or advantage, or of prejudicing, or tending to prejudice, the interests of another person.

Where another reporting agency, e.g. Trading Standards, Benefits Agency etc. have primacy and agree to record and conduct enquiry, no crime(s) should be recorded by the Police.

It is sometimes difficult to decide whether the crime is fraud or attempted fraud. Although the accused need not have derived any gain, there must have been some measure of success before the crime is complete. The fraud must have passed the stage of preparation, and entered a stage of perpetration, tending to prejudice the interests of another person.

Establishing the Locus

The following principles should be used in order to ascertain the locus of the crime where no specific locus rules are outlined and are listed in order of priority. It is only when a principle cannot be achieved or is not known that the next principle will apply.

1st The police area covering the location of the fraudulent operation.

2nd Suspect’s address.

3rd The police area with the greatest number of individual usages.

4th The police area where the first offence was committed.

5th The police area where the victim resides/works or was at the time of the crime.

Cheques

The locus will be where the cheque was presented i.e. uttered.

Goods Ordered Remotely

The delivery address to which the goods were delivered or are to be delivered. Certain circumstances may require additional information to confirm that this was the locus of the perpetration of the fraud. It should be noted that a public collection point is insufficient to determine a delivery address.

Business Related Fraud

The office address/usual place of work of the suspect or where the circumstances outlined identify where the crime was committed.

Mandate/Safe Account Fraud

The locus will be where the communication was received or victim’s address (as appropriate).

Money Transfer Houses

The locus will be as follows:

• If the payment is made to a Money Transfer House e.g. Western Union, in this country then the locus is the address of the suspect used at that Money Transfer office when picking up the money or transferring the money on.
• If the money is transferred to another Money Transfer House then the locus is the address of the suspect at the new Money Transfer office.
• If transferred abroad by the victim using a Money Transfer House then the locus is the victim’s address.
• Where the victim sends money from abroad to a Money Transfer office in this country then the locus is the address of the suspect picking up the money if known, or if not known, the Money Transfer office where the money was sent to.

Example 1

‘A’ transfers money from a Western Union office to a Western Union abroad, which has subsequently been established as part of a fraud.

- 1 x Fraud recorded by the Division where the victim resides.

Example 2

‘A’ transfers money from a Western Union Office in Division ‘A’ to Western Union office in Division ‘B’ (this is just the vehicle to move the money). The person who collects the money gives an address in Division ‘C’.

- 1 x Fraud recorded by Division ‘C’ (if it can be confirmed this person was responsible for the fraud, otherwise record as complainer’s home address).

Legal Aid (Scotland) Act 1986, S35 (SGJD - 85/021)

• Section 35(1) (A) - Fail to inform change of circumstances – where this would be a failure to notify an update to circumstances, the solicitor's office should be considered as the locus.
• Section 35(1) (B) - False statement to obtain Legal Aid - where appropriate the solicitor's office should be considered as the locus (even where forms are submitted online, they are most likely directed through the solicitor). If there are any instances where this is not the case the Scottish Legal Aid Board address would apply (completed act of misrepresentation).

Transfer of Crimes where locus is England or Wales

Forces in England and Wales direct reports of fraud to Action Fraud/National Fraud Intelligence Bureau (NFIB). This will not apply to Scotland, however, notwithstanding enquiries will be forwarded to Scotland for further enquiry which have emanated from Action Fraud.

It should be noted that Police Scotland have not signed up to Action Fraud and members of the public reporting Fraud should NOT be advised to report same direct to Action Fraud.

Where the victim is identified as being in Scotland at the time of the crime a crime report should be recorded. Where enquiry identifies the locus to be elsewhere in the UK, a request to transfer the crime should be made to the appropriate Force as a ‘call for service’. The receiving Force will, on acceptance, record such allegations directly with Action Fraud and double key onto their crime recording system cross referencing with the NFRC number provided to them by Action Fraud. Where a Force accepts the crime the relevant crime recorded in Scotland can be updated to ‘No Crime’. Where a Force refuses to accept a crime transfer the crime must remain recorded.

Crimes Abroad

Where persons who have been victims of crime abroad report fraud in Scotland and

there is no connection with Scotland at the time of the fraud occurring, the victim should report it in their own country or the country they were staying when the crime occurred.

In circumstances where a victim is identified as being in Scotland at the time of the crime and it is clear from the outset that the suspect was outwith the UK, a crime must be recorded. Any decision to transfer the enquiry to the respective Country will be determined by Police Scotland protocols. The crime report will not be updated to 'No Crime' and the recorded crime will remain undetected.

Note

As enquiries continue the locus may change which can result in crime reports being updated to no crime and details forwarded for recording and enquiry in another area.

In order to transfer a crime, sufficient enquiry must have taken place to link the suspect/address to the relevant police area. It should be noted that the beneficiary account holder/address is not always sufficient to transfer the crime and further local checks should be carried out to confirm any link.

It is important to consider if there is a specific intended victim. Many communications are sent out as part of a mailshot to no specific intended victim. An individual becomes a specific intended victim where they take action following the contact.

Crimes should not be recorded simply because goods have not arrived or are not what was expected. Additional details are necessary, for example e-mail address no longer available, address unknown or found to be a mail drop, more than one complainant, or payment service provider (PSP) payment stopped.

Fraudulent Scheme

The term fraudulent scheme does not exist in law in terms of offences, but is commonly used to refer to monetary fraud where the offender(s) has devised a pre-meditated, planned course of action/scheme to repeat a series of actions through which sums of money are taken each time. One or more persons can be responsible for, or the victim of, a fraudulent scheme. In the case of a fraudulent scheme where there is more than one victim then only one crime should be recorded.

Phishing

The process of attempting to acquire sensitive information such as usernames, passwords and credit card details by masquerading as a trustworthy entity. Communications purporting to be from popular social websites, auction sites, online banks, online payment processors, or IT administrators are commonly used to lure the unsuspecting. Phishing is typically carried out by e-mail or instant messaging, and it often directs users to enter details at a fake website whose look and feel are almost identical to the legitimate one.

Ringing the Changes

In exchanging money with another person, deliberately mislead them into giving you more money than you have exchanged with them.

Reimbursed by Financial Institution

Where circumstances indicate a fraud has occurred, a crime report must initially be recorded, whether or not the account holder has been reimbursed and/or if the Financial Institution has advised they will be dealing with the matter. Enquiry must also be made with the Financial Institution in order to confirm if a fraud has occurred or whether the transaction has been as the result of a banking error.

It must be ascertained whether or not the account holder has been reimbursed by the Financial Institution, which must be shown on the crime report.

Computer Viruses/Hacking (Computer Misuse Act 1990)

Where viruses are launched onto the World Wide Web to infect any computer they come across, victim’s computers that are infected are not generally specific intended victims. Where police receive reports under these circumstances, that computers have been infected by or received a virus, then a SID entry should be recorded. If however a person is identified for releasing a virus from a location within the UK then a crime should be recorded for each distinct virus released from that location, to be recorded where the person is based.

‘Hacking’ is the unauthorised modification of the contents of any computer. It is usually committed by unlawful accessing a computer but it can be committed by persons with lawful access as well. It is the deliberate targeting of a specific computer by the offender.

Banking Protocol

The “Banking Protocol” is a multi-agency initiative between trading standards, banking institutions and law enforcement agencies which aim to detect and prevent fraudulent activity on customers‟ bank accounts. The process requests bank staff to recognise any unusual or out of character withdrawals or transactions and ask further questions to establish whether their customers may be victims of fraud.

It should be noted that the intervention of a banking institution to prevent a crime from occurring does not negate the requirement to record a crime of Attempted Fraud where appropriate.

ATM Skimming (see Articles Used in Fraud

Frauds at cashpoints are commonplace and often involve organised criminal gangs. Skimming occurs when a device is fixed to an Automated Teller Machine (ATM) whereby a pin number is obtained when being entered on the machine keypad and is associated with track data obtained from the user’s card when it is inserted.

Identity Theft

The use of another person’s identification details (or the use of false identification details), often referred to as identity theft, is not in itself an offence in law. It is the action that is undertaken, using those identification details, that needs to be considered in respect of whether an offence has occurred.

Most instances of ‘Identity Theft’ come to light when victim’s details are used to obtain goods, services or money using credit arrangements or loans. Instances of this should be considered under the relevant Fraud category. Where bank, credit card, or store card accounts are opened using identities to which the individuals are not entitled, and then used to commit fraud, then a crime of Fraud with the relevant Tag should be recorded.

Note: The opening of a bank or other account using other peoples’ identities without permission or false details is unlikely to be a crime of fraud per se, and should only be recorded if there is an offence of fraud committed on the account or evidence that fraud was the purpose for the creation of the account.

Remember that if there is no intent to commit fraud and there is evidence that an account has been created using a false, stolen or improperly obtained identity document contained within the Identity Documents Act 2010 then an offence under that legislation should be considered.

Fraud Tags

Definitions and Examples (Tags only to be used on National Crime)

• Advance Fee Payment Fraud
• “419” Advance Fee
• Lottery Scams
• Counterfeit Cashiers Cheques
• Dating Scam
• Fraud Recovery Scam
• Inheritance
• Rental
• Other Advance Fee
• Lender Loan
• Financial Investment Fraud
• Share Sales or Boiler Room
• Pyramid or Ponzi Schemes
• Prime Bank Guarantees
• Time Shares and Holiday Club
• Other Financial Investment
• Consumer and Retail Fraud
• Online Shopping and Auctions
• Consumer Phone
• Door to Door Sales and Bogus Tradesmen
• Other Consumer and Retail
• Computer Software Service
• Ticket
• Retail
• Charity Fraud
• Charity
• Fraudulent Applications for Grants from Charities or Lottery Fund Organisations
• Banking and Credit Industry Fraud
• Cheque, Plastic Card and Online Bank Accounts
• Application (excluding Mortgages)
• Mortgage Related
• Mandate
• Dishonestly Retaining a Wrongful Credit
• Insurance Fraud
• Insurance Related
• Insurance Broker
• Telecom Industry Fraud (Misuse of Contracts)
• Corporate Employee/Procurement Fraud
• Corporate Employee
• Corporate Procurement
• Pension Fraud
• Pension Fraud by Pensioners (or their Estate)
• Pension Fraud committed on Pensioners
• Pension Liberation
• Miscellaneous Fraud
• Business Trading Fraud
• False Accounting Fraud
• Bankruptcy and Insolvency Fraud
• Passport Application Fraud
• Fraudulent Applications for Grants from Government Organisations
• Other Regulatory Fraud
• Fraud by Failing to Disclose Information
• Abuse of Position of Trust (Including Embezzlement)
• DVLA Driver Licence Application Fraud
• Other Fraud (Not Covered Elsewhere)

Advance Fee Payment Fraud

“419” Advance Fee

A communication soliciting money from the victim for a variety of emotive reasons to assist the fraudster.

The name has its origin to a reference to the violation of Section 419 of the Nigerian Criminal Code. The 419 scam combines the threat of impersonation fraud with a variation of an advance fee scheme in which a letter, e-mail, or fax is received by the potential victim. The communication from individuals representing themselves as foreign government officials offers the recipient the "opportunity" to share in a percentage of millions of dollars by helping the fraudster to place large sums of money in an overseas bank account.

Payment of taxes, bribes to government officials, and legal fees are often described in great detail with the promise that all expenses will be reimbursed as soon as the funds are out of the country.

The recipient is sometimes encouraged to send information to the author, such as blank letterhead stationary, bank name and account numbers, and other identifying information using a facsimile number provided in the letter. The scheme relies on convincing a willing victim to send money to the author of the letter in several instalments of increasing amounts for a variety of reasons.

Note

Consideration should be given as to whether the individual has become a specific intended victim. Where someone is cold called or receives global e-mails or are part of a mail shot, they are not generally specific intended victims. People are specific intended victims if they take action following the contact.

Example 1

‘A’ receives a letter purporting to come from a Government official stating that if they pay £1000 into an account it will facilitate the transfer of £100,000,000 and they will be entitled to £100,000.

(a) ‘A’ ignores the letter and contacts police.

- No crime requires to be recorded

(b) ‘A’ on receiving instructions where to send money, sends £1000 and then receives further instructions that a further £1000 is required to be sent to release the money. At this point ‘A’ contacts police.

- 1 x Fraud – ‘419’ Advance Fee

Lottery Scams

A fraud which involves the victim being informed they have won a non-existent lottery and required to send an advance to release their winnings.

The lottery scheme deals with persons randomly contacting e-mail addresses, postal addresses or faxes advising them they have been selected as the winner of an International lottery. The e-mail message usually reads similar to the following:

"This is to inform you of the release of money winnings to you. Your e- mail was randomly selected as the winner and therefore you have been approved for a lump sum payout of $500,000.00. To begin your lottery claim, please contact the processing company selected to process your winnings."

An agency name follows this body of text with a point of contact, phone number, fax number, and an e-mail address.

An initial fee ranging from $100 to $5,000 is often requested to initiate the process and additional fee requests follow after the process has begun. These emails may also list a United Kingdom, point of contact and address while also indicating the point of contact at a foreign address.

Example 1

‘A’ receives a letter in the post advising they have won a lottery along with details of what to do in order to claim the prize.

(a) ‘A’ takes no action, contacts the police and puts the letter in the bin.

- No crime requires to be recorded

(b) ‘A’ contacts the number and obtains details where to send an admin fee to facilitate claiming the win, transfers money to the account and hears nothing else.

- 1 x Fraud – Lottery Scams

Example 2

A person notifies police that they have been sent a letter informing them that they have won the Spanish Lottery and if they send £1000 to an address in Madrid they will receive £600,000.

(a) They pay nothing and bring the letter to the police

- Record an incident.

(b) They have paid £1000 and received nothing

- 1 x Fraud – Lottery Scams. (The locus being the victim’s address).

Counterfeit Cashiers Cheques

Fraudulent cheques or Bankers Drafts are presented as payment for goods or services ordered over the Internet in excess of the actual value. The seller reimburses the purchaser with the excess prior to the cheque or draft being discovered as fraudulent.

This fraud targets individuals that use the Internet to sell merchandise or services. An interested party located in a foreign country contacts a seller. The seller is told that the buyer has an associate in the seller’s country that owes him money and that the associate will send a cashiers cheque or bankers draft to pay the seller.

The amount of the cashier's cheque or bankers draft will be far greater than the price of the goods and the seller may be told the excess amount will be used to pay the shipping costs to the buyer. The seller is instructed to deposit the cheque/draft, wait for clearance and wire the excess funds to the buyer or an associate (normally in West Africa).

As a cashier's cheque or bankers draft is used, a bank will typically release the funds immediately, or after a one or two day hold. The seller falsely believes the cheque/draft has cleared and wires the money as instructed. Additionally the seller can be convinced to terminate the sale and refund all the money.

Example 1

‘A’ advertises goods on a website for sale and receives an e-mail from abroad offering the full purchase price. A cheque is received covering the purchase price and additional shipping fees. ‘A’ pays the money into their bank account and transfers the shipping fees to a shipping agent account. The cheque is returned unpaid as it is a forgery.

- 1 x Fraud – Counterfeit Cashiers Cheques

Example 2

‘A’ advertises their car for sale and ‘B’ attends, views the car and a price is agreed. ‘B’ hands over a cheque for more than the agreed price, stating they had made a mistake and hadn’t brought another cheque with them, asking ‘A’ to pay it into their account and they would attend the next day to collect the car and over payment. The next day ‘B’ attends and collects the car and the over payment. ‘A’ is then contacted by the bank to advise the cheque is a forgery.

- 1 x Fraud – Counterfeit Cashiers Cheques

Example 3

‘A’ advertises a boat for sale on a website and received an e-mail from abroad offering the full purchase price. ‘A’ is sent a bankers draft covering the purchase cost and an additional £5000 for shipping fees. ‘A’ pays the bankers draft into their account and transfers the £5000 to the shipping agents account in Spain before someone collects the boat. The bankers draft is returned unpaid as it is a forgery and the bank reclaim the funds.

- 1 x Fraud – Counterfeit Cashiers Cheques (Recorded by the Division where the victim resides)

Example 4

‘A’ advertises a horse for sale on a website and received an e-mail from abroad offering the full purchase price - £2000. ‘A’ is sent a UK cheque for £5000 with a request to return the difference of £3000. ‘A’ takes the £5000 cheque to the bank but is advised not to bank it. No monies (or the horse) are sent to the buyer. ‘A’ reports the incident to the police.

- 1 x Attempted Fraud - Counterfeit Cashiers Cheques (Recorded by the Division where the victim resides)

Dating Scam

The intended victim is befriended on the Internet and eventually convinced to assist their new love financially by sending them money for a variety of emotive reasons.

The intended victim is approached in a chat room or via a social networking site. The fraudster creates a relationship with the victim over the Internet often posting pictures of an attractive person – which is not usually them and may target those of a certain income, if disclosed.

The background may suggest that their partner is deceased and they are bringing up a child/children alone. The fraudster will resist any suggestion to meet, often stating that they are moving to work abroad temporarily. Once the fraudster gains the trust of the victim, they then ask for money.

This is normally via claims that they have been trapped abroad, have unforeseen medical bills, mobile/internet access problems etc. Once the request for money is declined, they cease contact.

Example 1

‘A’ has been chatting to ‘B’ over the internet for a few weeks, having joined a dating chat room. ‘B’ purports to work abroad some of the time on short term contracts. ‘B’ advises that they are having difficulty with their laptop and asks ‘A’ for a loan to fix it and they will repay them on return to the UK the following week. ‘A’ sends the money. ‘A’ then becomes suspicious as ‘B’ is no longer contactable and establishes the details provided were false.

- 1 x Fraud – Dating Scam

Example 2

‘A’ has been chatting to ‘B’ over the internet for a couple of months, having joined a dating chat room. ‘B’ claims to work abroad in a specific unit of the military. ‘B’ asks ‘A’ for some money to make a trip home to visit their ill mother. ‘A’ is suspicious and makes enquiry with the military and ascertains that ‘B’ is not known within the unit and has provided false information.

- 1 x Attempted Fraud – Dating Scam

Example 3

‘A’ has been chatting to ‘B’ over the internet for a couple of months. ‘B’ contacted ‘A’ through a dating chat room. ‘B’ asks ‘A’ for some money to make an unforeseen trip home as their mother is ill. ‘A’ is suspicious and refuses to transfer money. ‘B’ then refuses to talk to ‘A’ in the chat room.

- There is no crime to record in these circumstances. It cannot be confirmed the intention was to commit fraud.

Fraud Recovery Scam

A fraud targeting fraud victims to gain personal details and additional money, by means of posing as recovery agents.

These frauds target former victims of frauds. The victim is contacted by the fraudster who poses as a legitimate organisation. The organisation claims that they can apprehend the offender and recover any monies lost by the victim, for a cost.

Another tactic used is the fraudster stating a fund has been set up by the Nigerian government to compensate victims of 419 fraud. This is used to gain personal details of the victim and additional money as a fee to release the amount of the claim.

Example 1

‘A’ has been the victim of a boiler room fraud. ‘A’ is contacted by a suspect who states that they work for a company who specialises in helping victims of boiler room fraud and they have traced some of the money that ‘A’ invested. For a fee they can recover a substantial amount of money.

(a) ‘A’ pays the fee into an account and then discovers that they are the victim of another fraud.

- 1 x Fraud – Boiler Room

- 1 x Fraud – Fraud Recovery Scam (it cannot be confirmed the same persons are involved in both)

(b) ‘A’ realises this is a further scam and reports the matter to the police.

- 1 x Fraud – Boiler Room

- 1 x Attempted Fraud – Fraud Recovery Scam (it cannot be confirmed the same persons are involved in both and ‘A’ is a specific intended victim)

Inheritance

Contact is made with victims as part of a mass mailing to people who share the same surname. Each one is told there is cash from inheritances that have been located in their names. The research specialists make money by asserting they've put together an estate report that includes information on where the inheritances are located and how they can be claimed. For a relatively small fee, the report can be provided.

They may also propose to administer any inheritance claim for an additional fee. The fraudsters perpetrating this type of inheritance scam purposefully choose smaller inheritances on the off chance that someone receiving their correspondence turns out to be an actual heir with rights to claim the inheritance assets. Once the funds are claimed, they will probably be less than the fee that was paid to the people promoting this scam.

Example 1

‘A’ receives an e-mail through the post informing them that they have inherited money from a distant relative’s estate and what they have to do to claim the inheritance.

(a) ‘A’ ignores the e-mail

- No crime requires to be recorded

(b) ‘A’ replies to the e-mail and is given instructions to transfer money to an account to facilitate claiming the inheritance. ‘A’ takes no further action.

- 1 x Attempted Fraud – Inheritance Fraud (‘A’ has become a specific intended victim)

(c) ‘A’ replies to the e-mail, and as per instructions transfers the money, expecting to hear confirmation of receipt of same and facilitate the inheritance being paid. No further communication is received.

- 1 x Fraud – Inheritance Fraud

Example 2

‘A’ receives an e-mail informing them they have inherited some money from an estate in America and provides details of what they have to do to claim the inheritance, namely transfer money to an account to facilitate claiming the inheritance. ‘A’ transfers the money and hears nothing further.

- 1 x Fraud – Inheritance Fraud

Rental

Prospective tenants are tricked into paying advanced fees/rent for the rental of premises which, either don’t exist, are not for rent, are already rented or are rented to a multiple of victims at the same time. The consequence is that the accommodation is not available to the victim and they have lost the advance fees paid. This particular fraud is often perpetrated against students looking for university accommodation.

Example 1

‘A’ books rental accommodation over the internet, paying rent for the first three months. On arrival ‘A’ ascertains that the accommodation is not for rent. The e-mail address ‘A’ replied to is no longer available.

- 1 x Fraud – Rental Fraud (locus being where ‘A’ was at time of booking accommodation, not the rental accommodation).

Example 2

Five students have arrived at a one bedroom apartment to discover that it is not for rent. All five have paid rent in advance having replied to an internet advertisement.

- 1 x Fraudulent Scheme – Rental Fraud

Example 3

An advert on an internet site offers a house for rent in Division ‘A’, an advanced rental of £500 is requested to be sent via money transfer to an account holder in Division ‘B’. The victim who resides in Division ‘C’ sends £500 by money transfer to the account holder in Division ‘B’. Money is subsequently withdrawn and no further contact made. Enquiry reveals the house was never for rent.

- 1 x Fraud – Rental Fraud (recorded by Division ‘C’)

Example 4

A person resident abroad arrives in Division ‘A’ after seeing an advert on an internet site offering a house for rent in Division ‘A’. Money has been sent by money transfer from overseas to an account holder in Division ‘B’. Enquiry reveals the house does not exist.

- 1 x Fraud – Rental Fraud (recorded by Division ‘B’ only if there is clear evidence the account holder was responsible for the fraud, otherwise the locus would be overseas).

Other Advanced Fee Fraud

Any other MO whereby an accused dishonestly makes a false representation, and intends, by making the representation, to make a gain for themselves or another, or to cause loss to another or to expose another to risk of loss.

Example 1

‘A’ has advertised their car for sale in a local newspaper and is contacted by someone advising they have a buyer for the car and if they pay them £100 they will put them in touch with the person. ‘A’ transfers money to an account provided but hears nothing further and is unable to make contact with the person.

- 1 x Fraud - Other Advance Fee

Example 2

A person purchases vouchers to finance a venture which turns out to be fraudulent. Further enquiry shows the vouchers were used on an on-line betting site based in country ‘A’.

- 1 x Fraud – Other Advance Fee (the on-line betting site based in country ‘A’ only shows where the vouchers were spent. The betting site itself is not established as a point of benefit and further enquiries must be conducted to ascertain where the money was transferred from).

Example 3

Unauthorised access has been gained to the e-mail account of ‘A’ and an e-mail has been sent to all contacts stating they are stranded abroad and urgently need £400 to be sent to a specific account to pay for the airfare home.

(a) No money is sent by any of the contacts.

- 1 x Computer Misuse Act 1990, S2 (unauthorised access as intent to commit further crime(s)).

(b) 2 individuals send money.

- 1 x Computer Misuse Act 1990, S2

- 2 x Fraud – Other Advance Fee (2 victims).

The locus for the Computer Misuse Act will be the home address of the e-mail account holder and initially the frauds will be recorded as location the individuals were when they sent the money.

Example 4

‘A’ answers an advert offering puppies for sale and is told that there is only one left and if they transfer the money it will secure the purchase and they can pick up the puppy later. ‘A’ asks to see the puppy first and is advised that unless they pay the money to secure the sale, should someone else come along in the meantime it would be sold. ‘A’ transfers the money and on attending at the location to uplift the puppy establishes it does not exist.

- 1 x Fraud - Other Advance Fee

Example 5

Police are called to the airport where five passengers have purchased holidays over the internet. On turning up at the airport they discover that the company does not exist and there is no holiday.

- 1 x Fraudulent Scheme - Other Advance Fee

Lender Loan

A fraud which involves the victim being contacted and told that they can have a loan for a fee. The fee is paid and no loan is forthcoming.

Victims are cold called, usually over a mobile phone and told that for a fee, a loan has been agreed for them. They are then asked to transfer a fee electronically or via a money service bureau and the loan money will be transferred to their account within hours of the fee being received. The loan is never transferred.

On occasions they may receive an additional request for a transfer fee or additional fees. This is again paid and no loan ever materialises.

Lender loan fraud is entirely different from application fraud. In application fraud, it is the suspect falsely applying for a genuine loan. This fraud deals with suspects obtaining fees for non-existent loans.

Example 1

‘A’ receives a call stating that for a fee of £50 they can have a loan of £1000 transferred to their current account immediately, with no credit checks.

(a) ‘A’ agrees and transfers £50 to the account provided and provides details of their current account. No loan is transferred to the account.

- 1 x Fraud - Lender Loan

(b) ‘A’ hangs up immediately.

- No crime requires to be recorded (‘A’ has not acted on the information)

(c) ‘A’ agrees and receives details of an account to transfer the fee to. ‘A’ then decides against taking the loan and takes no further action.

- 1 x Attempted Fraud - Lender Loan (‘A’ has acted on the information by requesting the details even although they have not proceeded with the loan therefore has become a specific intended victim)

Financial Investment Fraud

Share Sales or Boiler Room Fraud

Boiler room fraud is a fraud where victims are cold-called by fake stockbrokers and encouraged or persuaded to buy shares or bonds in worthless, non-existent or near bankrupt companies.

Boiler room is the term used for the illegal offshore dealing rooms that are often located abroad in Spain, Switzerland or the USA. The sales person cold calls potential victims and oppressively sells shares or bonds that are non-existent or worthless enticing victims with the promise of quick, high returns on the investment.

In a bid to appear legitimate, a Boiler room may have a web-site and produce glossy literature and use a telephone number with a London prefix that diverts overseas.

Example 1

‘A’ is cold called at home and asked if they wish to invest money.

(a) ‘A’ hangs up

- No crime requires to be recorded.

(b) ‘A’ shows some interest and provides their contact details. The next day ‘A’ is contacted again using the details provided and offered shares. Following some discussion ‘A’ decides to decline the offer.

- No crime requires to be recorded unless it can be confirmed that this was not a genuine investment. If this is the case 1 x Attempted Fraud – Share Sales or Boiler Room

Example 2

‘A’ receives a cold call and a follow up e-mail asking them to join an investment company by purchasing Bonds which will double their money in six months. They send £500 by BACS transfer. Nothing is received back and ‘A’ reports the matter to the police. This method is recognised to be part of a scam. There is no information immediately available to find out where the account or e-mail address is situated.

- 1 x Fraud – Share Sales or Boiler Room (The locus being the victim’s address).

Example 3

Police are made aware of four people who have been duped to invest in the same scheme with the shares ‘purchased’ being non-existent.

- 1 x Fraudulent Scheme – Share Sales or Boiler Room

Pyramid or Ponzi Schemes

A pyramid scheme is a non-sustainable business model using cross-selling. It involves the exchange of money for enrolling other persons into the scheme and PONZI is named after the fraudster Charles Ponzi, the 1920s financier who defrauded people with a get rich scheme.

Pyramid schemes are investment scams in which investors are promised abnormally high profits on their investments. The individual makes a payment for a high return and then attempts to recruit more investors to increase their payments; however no investment is made on their behalf.

Early investors are paid returns with the investment money received from the later investors. Unfortunately, the system usually collapses and later investors do not receive dividends and lose their initial investment. This can be facilitated by email, letter, fax or phone solicitation often involving fake referrals and information.

Example 1

Following the collapse of an investment fund police discover a Ponzi fraud. Thirty individual investors are identified and three syndicate group investments, each syndicate group has ten individual investors.

- 1 x Fraudulent Scheme - Pyramid or Ponzi Schemes

Prime Bank Guarantees

International fraudsters have invented an investment scheme that offers extremely high yields in a relatively short period of time. In this scheme, they purport to have access to "bank guarantees" which they can buy at a discount and sell at a premium. By reselling the "bank guarantees" several times, they claim to be able to produce exceptional returns on investment. For example, if $10 million worth of "bank guarantees" can be sold at a two percent profit on ten separate occasions, or "tranches," the seller would receive a 20 percent profit. Such a scheme is often referred to as a "roll program."

To make their schemes more enticing, fraudsters often refer to the "guarantees" as being issued by the world's "Prime Banks," hence the term "Prime Bank Guarantees." Other official sounding terms are also used such as "Prime Bank Notes" and "Prime Bank Debentures." Legal documents associated with such schemes often require the victim to enter into nondisclosure and non-circumvention agreements, offer returns on investment in "a year and a day", and claim to use forms required by the International Chamber of Commerce (ICC). In fact, the ICC has issued a warning to all potential investors that no such investments exist.

The purpose of these frauds is generally to encourage the victim to send money to a foreign bank where it is eventually transferred to an off-shore account that is in the control of the fraudster. From there, the victim's money is used for the perpetrator's personal expenses or is laundered in an effort to make it disappear.

Example 1

‘A’ is cold called at home by a person selling Prime Bank Guarantees and asks if ‘A’ wishes to invest with them.

(a) ‘A’ hangs up

- No crime requires to be recorded.

(b) ‘A’ shows some interest and provides their contact details. The next day ‘A’ is contacted again using the details provided and offered shares. Following some discussion ‘A’ decides to decline the offer.

- No crime requires to be recorded unless it can be confirmed that this was not a genuine investment. If this is the case 1 x Attempted Fraud – Prime Bank Guarantee

Example 2

‘A’ purchases three different Prime Bank Guarantees over the last year from the same individual. After a year when trying to cash in the investment, ‘A’ discovers they have been victim of a fraud.

- 1 x Fraud - Prime Bank Guarantees

Time Shares and Holiday Club

In Timeshare and Holiday Club frauds the Fraudsters will contact you at home, often by phone and tell you that you have won a 'free' holiday. Or whilst you are on holiday they approach you on the street and give you a scratch card which reveals that you have won a 'free' holiday. All you need to do is go to a presentation to collect your prize and learn more about a new holiday venture. You will be told that this is not about timeshare.

You will later find out that the 'free' holiday isn't free, as you must pay for extras, such as flights and other add-ons and go somewhere you don't want to go at a time that doesn't suit you. If you go to the presentation it will more often than not be held in a plush hotel. The brochures will look glossy and convincing. You will be made to feel as if you are joining an exclusive holiday club which will offer exciting and great value holidays all over the world in top class accommodation.

Unlike the law covering timeshare arrangements, you are not necessarily given a chance to cancel if you have second thoughts. Don't believe everything you hear. What the bogus holiday club tells you in the sales pitch and what is in the contract you sign could be two very different things. Where it states ‘you will have holidays in fabulous places at times of year that fit in with your needs'. There are in reality no guarantee of dates or destinations and holidays are often not available when and where you want them. You might end up going nowhere.

Note

It is important to establish that there is a fraud in law and not just matters for the Office of Fair Trading or Trading Standards. Each case should be assessed on its own merit.

Example 1

‘A’ attends at a hotel to obtain a prize in a free draw which they are informed is future luxury hotel accommodation. On attending the presentation they ascertain that the prize is not free and they would be expected to pay a yearly fee to a holiday club which would provide two weeks per year accommodation in five star hotels.

(a) ‘A’ leaves the presentation.

- On the information available, no crime requires to be recorded at this time.

(b) ‘A’ thinks this would be a good deal, with a variety of resorts and five star hotels on offer and signs up. On attempting to book holidays it is ascertained that there are no hotels and resorts as advertised in the brochure ever available, with alternatives being lesser three star hotels which could be purchased at half the price of their club subscriptions.

- 1 x Fraud – Time Shares and Holiday Club

Other Financial Investment

The word "investment" is used in connection with a wide range of schemes offering income, interest or profit in return for a financial investment. “Investment” is often used loosely, and sometimes misleadingly, in order to disguise the true nature of a fraud; e.g. pyramid schemes, chain letters or other types of scheme where a return depends on persuading others to join.

The term "investment" is commonly used in connection with the purchase of something - such as high value or rare goods, stocks and shares, property - in the expectation that what is purchased will increase in value, and even provide an exceptional return compared to other forms of investment.

It is not always understood by potential investors that there is a wide range of so-called investments which are unregulated. This means that they are not traded by authorised investment brokers, who might be expected to operate to professional standards. Nor are they traded on a regulated exchange, which means that their current value and prospects for appreciation are difficult or impossible to assess through any of the normal channels. There is no guarantee that the market will still be functioning when you come to realise your investment and almost no chance of any compensation if the investments have been mis-sold. This all creates opportunities for the unscrupulous to mislead and trap the unwary.

An investment seminar will hook individuals by offering a return which is more attractive than a conventional investment, and so the return on the outlay is always likely to be exaggerated or unrealistic. It follows that the essential message which applies to other scams applies equally to investments. If it looks too good to be true, it probably is!

Example 1

Twelve people are invited to an investment seminar and asked to invest in a good quality product. Three people invest in the scheme. A year later they discover that the product is not of the quality initially described and is worthless.

- 1 x Fraudulent Scheme - Other Financial Investment

Example 2

A receives an e-mail asking them to join an investment company which will double their money in six months. They send away a sum of money to an account. They receive no more communications and are unable to make any contact with anyone related to the said investment company.

- 1 x Fraud - Other Financial Investment

Consumer and Retail Fraud

Online Shopping and Auctions

This involves fraud attributable to the misrepresentation of a product advertised for sale through an Internet auction site or the non-delivery of products purchased through an Internet auction site.

The seller often requests funds to be transferred directly to them via Western Union, Money-Gram, or bank-to-bank money transfer. This ensures the money is virtually unrecoverable with no recourse for the victim.

Equally buyers from a legitimate auction site can commit fraud by requesting a certain method of shipping for tax avoidance or they use fraudulent cards or payment methods to purchase goods.

Note

This is not cheque and credit card fraud as the account holder is responsible for making the transaction. Care must be taken in determining that there is a crime in law and not just undelivered goods or a dispute over the goods purchased. Crimes should not be recorded simply because the goods have not arrived or are not what was expected. Additional details are necessary e.g. e-mail address no longer available, address unknown or found to be a mail drop, more than one complainer or payment service provider (PSP) payment stopped.

Example 1

Three people purchase a camera from the same retailer online. Payment is made over the internet. The goods do not arrive and the site is later found to be bogus.

- 1 x Fraudulent Scheme - Online Shopping and Auctions

Example 2

‘A’ reports that goods purchased online using a credit card had not arrived.

- There is insufficient information to confirm a crime has occurred at this stage.

‘A’ sends an e-mail to the seller and is informed by the Internet Service Provider (ISP) that the e-mail address is no longer valid.

- 1 x Fraud - Online Shopping and Auctions (additional details show that on the balance of probability this is a fraud)

Example 3

‘A’ reports that they sold goods to a suspect following placing the goods on an online auction site. ‘A’ has not received payment.

- There is insufficient information to confirm a crime has occurred at this stage.

‘A’ makes further enquiry and establishes whilst payment was made, the following day it was reclaimed as a stolen credit card had been used to make payment.

- 1 x Fraud - Online Shopping and Auctions

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (for use of card)

- 1 x Theft (in respect of stolen credit card if not already recorded)

Example 4

‘A’ sends goods to a purchaser following advertising on an online auction site. No payment is received and on making enquiries discovers that the address that the goods were sent to was a mail drop used by a number of people.

- 1 x Fraud - Online Shopping and Auctions

Example 5

‘A’ purchased goods online. On receipt of the goods the quality was far inferior to what was expected.

- No crime requires to be recorded in these circumstances.

Example 6

‘A’ purchased goods from the internet and transferred money using Western Union to a Western Union Office outwith the UK. The goods do not arrive and ‘A’ discovers that the address provided does not exist.

- 1 x Fraud - Online Shopping and Auctions

Example 7

‘A’ reports that they have ordered a product via a website which has not arrived. Enquiry reveals the site is bogus and it is known to have been set up overseas.

- 1 x Fraud (Although the site has been identified as being overseas, the Division receiving such reports must record as a crime, the locus being the victim's address).

Example 8

A person in Division ‘A’ successfully bids for an item of property on an internet auction room. Payment is sent electronically on the internet. The item of property is never delivered. The electronic money transfer took place to an account held in Division ‘B’. The account holder resides in Division ‘C’. They report the matter to Division ‘A’.

- 1 x Fraud - Online Shopping and Auctions (The locus of the crime is Division ‘A’)

Example 9

‘A’ reports that they sold goods to suspect following placing the goods on an on line auction site. ‘A’ has not received payment. ‘A’ has established that payment was made using a payment service provider (PSP) e.g. PayPal, into their PSP account but the following day the payment was reclaimed by the PSP as a stolen credit card had been used to make the payment.

- 1 x Fraud - Online Shopping and Auctions

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (for use of card)

- 1 x Theft (in respect of stolen credit card if not already recorded)

Example 10

‘A’ contacts the police advising that £541 has been taken from their Pay Pal account for no apparent reason. PayPal were contacted and were to make their own investigation. Pay Pal provided the e-mail address of the intended recipient. ‘A’ advises that Pay Pal had recovered the money prior to it reaching its destination and money was returned to their account.

- No crime is required to be recorded at this stage as it is unknown whether a fraud has occurred, or whether this has been an error.

Where goods are purchased over the internet and payment is made using a stolen or cloned plastic card the crime should be recorded under Cheque and Credit Card Fraud.

Example 11

Suspect purchases a train ticket over the internet using a cloned card and then obtains the ticket at the station by inserting the cloned card into the ticket machine.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Where fraud is perpetrated using PSPs (Payment Service Providers e.g. PayPal, MoneyGram) offences should be recorded under Online Shopping and Auctions, not Cheque and Credit Card. Where PSP accounts have been topped up using stolen credit cards or debit cards then a crime should also be recorded for the credit card fraud.

Example 12

Goods are purchased from an online site and paid for using PayPal. The goods are dispatched and the next day the retailer is informed that the pay pal payment has not gone through because the account was funded by a stolen credit card.

- 1 x Fraud - Online Shopping and Auctions (complainer/victim being the retailer)

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (for the use of the stolen credit card)

- 1 x Theft or appropriate crime in relation to the stolen credit card if not already recorded

Consumer Phone

Missed calls frauds start by ringing your phone and hanging up so quickly that you can’t answer the call in time. Your phone registers a missed call and you probably won’t recognise the number. People will often then call the number back to find out who it is. Apart from being a nuisance, the missed call can lead to a fraud in two ways:

The number you call back may be redirected to a premium rate service without your knowledge, which means you will be charged a lot of money per minute, often costing up to £15 per call;

• The number may tell you that you have won a prize of some sort, and give you another number to call to ‘claim’ your prize, but they may not tell you how much the call will cost. This second number may be a premium rate number, again charging you a lot of money to get your ‘prize’. Your prize may be nothing more than a ring tone subscription which can also be a fraud!
• Text message frauds work by sending you a text message from a number you may not recognise, but the content of the message could sound like it’s from a friend, for instance ‘Hi, it’s John. I’m back! When do you want to catch up?’ or ‘Hey big fella, happy birthday!’

Another common tactic is for a text message to sound like someone flirting with you. Many people reply asking who it is, and end up engaging in a lengthy SMS exchange with the fraudster. Only later do they find out that they have been charged a high rate both for messages they sent (sometimes, there are also charges for messages received as well).

Ring Tone Scams are a reverse text scam is where the victim can end up paying to receive texts, such as ring tones and wallpapers, typically from 25p to £1.50 per message. These scams might attract you with an offer for a ‘free’ or low cost ring tone. What you may not realise is that by accepting the offer, you are actually subscribing to a service that will keep sending you ring tones—and charging you a premium rate for them. There are many legitimate companies selling ring tones, but there are also fraudsters who will try to hide the true cost of taking up the offer.

The fraudsters don’t tell you that your request for the first ring tone is actually a subscription to an expensive service. A fraudster will also make it difficult for you to stop the service. You actually have to ‘opt out’ of the service to stop the ring tones and high charges. Some people have been charged over £100 for what they thought was one ring tone.

An SMS competition or SMS trivia scam usually arrives as a text message and may encourage you to enter a competition for a great prize (like an MP3 player). The message (or sometimes, an advertisement) could also invite you to take part in a trivia competition, with a great prize on offer if you answer a certain number of questions correctly.

The fraudsters make money by charging extremely high rates for the messages you send, and any further messages they send to you. These charges could be as high as £2 for each message sent and/or received.

With trivia scams, the first lot of questions will be very easy. This is meant to encourage you to keep playing. However, the last one or two questions that you need to answer to claim your ‘prize’ could be very difficult or impossible to answer correctly (and may even require you to guess a random number). A winner, to claim a cash prize, may have to dial a number that begins with say 0906, to collect the prize. This is a premium rate number that lasts several minutes with no prize materialising.

Phone Insurance Scams (not to be confused with false insurance claims by account holders). The fraudsters target people with new phones and make them believe they are getting a call from the shop or the mobile phone network.

After the consumer gives their payment details they end up with poor quality phone insurance or none at all.

Those involved in the scam often buy phones and call numbers similar to their own number until they find someone with a new phone.

Example 1

‘A’ receives a missed call on their mobile phone and dials the number. ‘A’ is told by a person answering the call that someone will be with them in a minute, placing them on hold. After a few minutes ‘A’ hangs up. On receiving their bill there is a call to a premium rate phone line at a cost of £20.

- 1 x Fraud - Consumer Phone Fraud

Example 2

‘A’ receives a voice message advising they have won a prize. ‘A’ dials the number provided to claim the prize which is a premium rate number. After keying in a number of options they are eventually advised they have won one month free ring tone subscription. The call cost £20.

- 1 x Fraud - Consumer Phone

Example 3

‘A’ receives a missed call on their mobile phone and dials the number. ‘A’ is told by a person answering the call that someone will be with them in a minute, placing them on hold. After a few minutes ‘A’ hangs up. Three of ‘A’s colleagues also receive missed calls from the same number and knowing what has just occurred they ignore the missed call.

- 1 x Fraud - Consumer Phone. The 3 colleagues are not specific intended victims.

Example 4

‘A’ has purchased a new mobile phone contract with a new number. Shortly after they receive a call selling them insurance for the phone.

‘A’ hangs up.

- No crime requires to be recorded in these circumstances.

‘A’ likes the offer and takes out the insurance, paying on his credit card. No policy arrives through the post as promised and on making enquiries discovers the insurance company do not exist.

- 1 x Fraud - Consumer Phone

Door to Door Sales and Bogus Tradespeople

Dishonestly makes a false representation, and intends, by making the representation to make a gain for themselves or another, or to cause loss to another or to expose another to risk of loss.

Crimes should be recorded where it is clear that the circumstances are fraudulent.

Example 1

‘A’ reports that following a knock on their door from someone offering to check the gas supply was in order to their house for £50, they agreed and payment was made. ‘A’ later advises a family member of this who informs ‘A’ they do not have gas, only electricity.

- 1 x Fraud - Door to Door Sales and Bogus Tradespeople

Example 2

Three persons in the same street report that they had agreed to have their front gardens tarmacked, having received a quote with the details of what work was to be carried out. Each paid £2000 for the work. One month later the grass was found to be growing through the tarmac and it was uneven where the vehicles had been parked. It became clear that the work outlined in the quote had not been carried out and was clearly overpriced.

- 1 x Fraudulent Scheme - Door to Door Sales and Bogus Tradespeople

Example 3

Police attend a call where a gardener and a householder are in dispute regarding the quality of work of gardening. The gardener’s details are confirmed and there is nothing to infer criminality on the part of the gardener.

- No Crime requires to be recorded in these circumstances. (The householder may be advised to contact their solicitor and trading standards)

Example 4

An individual is traced following a report of persons being deceived as to the condition of their roofs, agreeing to repairs to invented damage and being charged an excessive price. Enquiry identifies ten victims.

- 10 Crimes of Fraud (or 1 x Fraudulent Scheme depending on the individual circumstances)

Example 5

‘A’ answers the door to someone selling off cuts of carpet and if they can measure the lounge carpet they will be able to lay it today. ‘A’ invites them into the front lounge and offers them a cup of tea. ‘A’ then disturbs them in a separate room searching through a chest of drawers. On seeing ‘A’ they make off out of the house. Nothing appears to have been stolen.

- 1 x Attempted Theft

Example 6

Caller purports to be from the gas board, stating to the householder that they have come to collect an outstanding amount of £50 owed to the gas board. The householder pays the £50.

- 1 x Fraud - Door to Door Sales and Bogus Tradespeople

Example 7

Caller purports to be from the water board in order to gain access to elderly persons dwelling, but does not gain access; no theft taking place. (Investigation confirms caller is not genuine)

- 1 x Attempted Fraud - Door to Door Sales and Bogus Tradespeople

Example 8

An accused admits to deceiving five persons over a period of two years by carrying out unnecessary repairs to roofs, work proving to be substandard, charging an exorbitant price.

- 5 x Fraud, on confirmation of the victims - Door to Door Sales and Bogus Tradespeople (Insufficient details as presented to confirm a Fraudulent Scheme)

Example 9

An accused admits to deceiving an elderly couple over a period of two years by carrying out unnecessary repairs within their house, work proving to be substandard, charging exorbitant prices.

- 1 x Fraud - Door to Door Sales and Bogus Tradespeople

Example 10

Two persons purport to be collecting for charity, visit 161 private dwellings over a five day period obtaining cash and having each person sign a collections form. One street is targeted each day.

- 1 x Fraudulent Scheme - Door to Door Sales and Bogus Tradespeople (they are acting together)

Example 11

A person is defrauded on three occasions by salesmen purporting to represent different companies, with no evidence of collusion.

- 3 x Fraud – Door to Door Sales and Bogus Tradespeople

Other Consumer and Retail

Dishonestly makes a false representation, and intends, by making the representation to make a gain for himself or another, or to cause loss to another or to expose another to risk of loss.

Example 1

‘A’ agrees to purchase a product advertised in a local paper and attends a car park where they are shown the advertised goods working. ‘A’ hands over cash and whilst the product is being placed in a box, ‘A’ is distracted by an accomplice. ‘A’ is handed the box and leaves. On arrival home and on opening the box there is only a brick within.

- 1 x Fraud - Other Consumer and Retail

Example 2

‘A’ purchases a car advertised for sale on a street after a test drive. There is no paperwork and is advised this will be sent on. When no paperwork arrives ‘A’ makes enquiry and ascertains the vehicle purchased was stolen.

- 1 x Theft of Motor Vehicle

- 1 x Fraud - Other Consumer and Retail

Example 3

‘A’ is stopped in a car park and is offered a laptop for £200. ‘A’ checks the laptop and it appears in working order and agrees to buy it for £150. ‘A’ is distracted when counting out the money from their wallet and is then handed a bag with a box therein. On arriving home ‘A’ opens the bag to find a box full of stones within.

- 1 x Fraud – Other Consumer and Retail

Computer Software Service

A fraud which involves the victim being contacted and told that there is a problem with their computer and for a fee this can be fixed. No fix actually occurs.

Victims are cold called, usually by phone and told that there is a problem with their computer and for a nominal fee the suspect can fix it. Often the suspects claim that the computer has been infected with a virus or that they are from Microsoft and can offer an update or fix performance. Many reasons can be given, but the victim is persuaded to provide details so the fraudster can gain access to the computer. The victims then often witness the mouse moving and pages displayed.

They then pay a small fee and are told that the problem has been fixed.

This is not the case, nothing has been done. Sometimes programs are also installed that allow the fraudsters unlimited access to the computer without the victims knowledge. This allows further illegal activity to be carried out. Once the initial small payment has been processed, it is not uncommon for additional larger payments to be withdrawn without permission from the victims account.

This fraud should not be viewed as limited to desk or laptop computers. It can include any device using operating software accessible on line, for example games consoles and smart phones.

Example 1

‘A’ is cold called at home on their house phone. After a short conversation ‘A’ is persuaded that there is a virus on their computer. ‘A’ provides details to the caller who gains access to the computer and demonstrates a problem and advises for a fee of £19.99 they can fix it now. ‘A’ pays the fee and watches a number of things happening on their computer and is then told it has been fixed. On receiving the credit card bill an additional payment of £99 has been taken. Examination of their computer reveals there was no virus and no software downloaded.

- 1 x Fraud - Computer Software Service

Example 2

‘A’ receives a call at home stating their computer has a virus and that for a fee it can be resolved.

‘A’ hangs up

- No crime requires to be recorded in these circumstances.

‘A’ turns on their computer and starts to open up the relevant pages as requested by the caller and on being asked for information which would allow the caller to access their computer, becomes suspicious and hangs up, without providing any money or information to allow them to access their computer.

- 1 x Attempted Fraud - Computer Software Service

Ticket

Ticket fraud involves the victim purchasing tickets remotely e.g. over the phone or internet by victims purchasing any ticket in advance over the phone or internet. Tickets could be for concerts, events, or flights for example. The tickets are never supplied or turn out not to be valid or worthless.

Note

This is not a cheque and credit card fraud as the account holder is responsible for making the transactions.

Care should be taken to ascertaining a crime has occurred and not just undelivered tickets or a dispute over the tickets purchased. A crime should not be recorded simply because goods have not arrived or are not what was expected. Additional information would be necessary to confirm a crime e.g. e-mail address no longer available, address unknown or found to be mail drop, more than one complainant etc.

Example 1

‘A’ buys tickets on line for a concert and advised that the tickets would arrive two weeks before the concert.

The tickets do not arrive.

- There is no confirmation of fraud at this point so no crime would be expected to be recorded.

When the tickets did not arrive on checking the website it was ascertained the website no longer exists, the phone number provided was no longer in use and there was a number of forums where persons were stating this was a scam.

- 1 x Fraud – Ticket

Example 2

‘A’ purchases four airline tickets on line for family to travel abroad on holiday. On arrival at the airport they discover the tickets are not valid.

- 1 x Fraud – Ticket

Example 3

Police are called to the airport where five passengers have independently purchased holidays over the internet. On arriving at the airport with their tickets they have discovered that the company does not exist and there are no flights or holiday.

- 1 x Fraudulent Scheme - Ticket

Retail

Retail fraud is fraud committed against retailers that does not involve on line sales or cheque, or plastic card sales.

Refund Fraud: This is where the suspect attempts or obtains a refund by false representation. For example, refunding goods that have been stolen and not purchased, or goods purchased during a sale and the non-sale price being claimed.

Label Fraud: This is where the label on an expensive product is switched with a cheaper label and an attempt is made to purchase at the cheaper price.

Obtaining Goods or services with no intent to pay: This is where you order food or enjoy entertainment where you have no intention of paying.

Example 1

‘B’ attends at customer service desk of a shop with a dress that they know has been stolen and asks for a refund stating it is an unwanted gift.

- 1 x Fraud – Retail

Example 2

‘B’ selects two items of clothing in a shop, one being priced higher than the other. ‘B’ enters the changing room and swaps the pricing labels over, leaving the cheaper priced dress behind and approaches the till and attempts to pay the cheaper price for the expensive dress. The staff realise what ‘B’ has done and contact police.

- 1 x Attempted Fraud – Retail

Example 3

A garage reports that ‘B’ drove up and filled their car with fuel, entered the shop and obtained a cup of coffee and went to the cashier to pay. The cashier asked if they wished to pay for the fuel now as well and ‘B’ denied having filled up with fuel. The cashier indicated the car at the pump and again ‘B’ stated again they did not take fuel. ‘B’ paid for the coffee and drove off. CCTV clearly showed ‘B’ had filled up with fuel.

- 1 x Theft

Example 4

Entering store, removing price tags from ten items, replacing with cheaper price tags, paying for same at lesser price.

- 1 x Fraud – Retail

Example 5

A garage reports a failure to pay for fuel and the details provided appear to be false. The driver advised they had forgotten their wallet and provided their details advising they would return later that day to pay. The garage have attempted to make contact and the address and mobile number provided appear to be false.

- 1 x Fraud – Retail

Example 6

A mail order company identifies that goods have been fraudulently obtained and reports the matter to the police.

- 1 x Fraud - Retail. (Locus being the delivery address)

Example 7

‘B’ enters a shop and buys an item for £1 handing over £20 and asks for change in a specific denominations and then changes their mind, confusing the staff member resulting in them handing over too much money.

- 1 x Fraud – Retail (Ringing the Changes)

Example 8

A customer hands over 2 x £50 and asks for change requesting 10 x £10. The cashier takes the 2 x £50 and hands over 10 x £10. The customer then says they would prefer 20 x £5 and the cashier agrees to change the notes again. But this time the customer only hands over £80 worth of notes, having skimmed 2 x £10 unseen by the cashier. The cashier hands over 20 x £5 believing that they have been given the original 10 x £10 back. At the end of the transaction the customer is in credit by £20.

- 1 x Fraud – Retail (Ringing the Changes)

Charity Fraud

Charity

Fraudulently soliciting donations to a non-existing charity or the organised fraudulent collection of funds from genuine charities. The fraudster poses as a representative of a charitable organisation soliciting donations to help a number of worthy emotive causes such as a natural disaster, epidemic or conflict. The fraudster requests donations with links to news stories or fraudulent websites to strengthen their cases.

The victims are charitable persons willing to help a good cause and expect nothing in return. Once sent the money is irretrievable and the fraudster disappears.

Example 1

Ten persons report being visited by someone purporting to be from a charity, they complete direct debit mandates and have had three payments taken from their account, before establishing the charity does not exist.

- 1 x Fraudulent Scheme – Charity

Example 2

Fifty persons report being visited by someone purporting to be undertaking a sponsored walk for charity, forty advised they paid money whilst the other ten advised they declined.

- 1 x Fraudulent Scheme – Charity

Example 3

‘A’ steals a charity box from a shop and stands in the street obtaining money from passers-by. Police are informed by a concerned passer-by and establishes that ‘A’ stole the charity box. Three persons are identified as having put money into the charity box.

- 1 x Theft

- 1 x Fraudulent Scheme – Charity

Example 4

A charity provides collection bags for householders to put clothing in. The bags are filled and left outside for collection. It is ascertained that they have been taken by someone who has nothing to do with the charity.

- 1 x Theft for each household who left a filled bag to be uplifted.

Example 5

Collection bags are delivered to householders purporting to be from a registered charity. The bags are filled and left outside for collection. They are then collected. It is established they have nothing to do with the registered charity.

- 1 x Fraudulent Scheme – Charity

Fraudulent Applications for Grants from Charities or Lottery Fund Organisations

Dishonestly makes a false representation, and intends, by making the representation to make a gain for himself or another, or to cause loss to another or to expose another to risk of loss.

This is where Charities have provided grants, based on false representations or where they have received grant applications that contain false representations and so no grant was paid.

Example 1

A registered charity has provided funding for a project as a result of a grant application. The applicant receives the money, pays it into their account and leaves the country.

- 1 x Fraud – Fraudulent Applications for Grants from Charities or Lottery Fund Organisations

Example 2

A charity has received an application for a grant for a project. When checking the application the charity finds that the applicant has used false details and the company who were to undertake the work does not exist

- 1 x Fraud - Fraudulent Applications for Grants from Charities or Lottery Fund Organisations

Example 3

Five applications are identified as having been submitted to various organisations seeking funding for the same project whereby enquiry identifies they have all been submitted by the same individual who has provided false information in the hope of funding being granted.

- 1 x Fraudulent Scheme - Fraudulent Applications for Grants from Charities or Lottery Fund Organisations

Banking and Credit Industry Fraud

Cheque, Plastic Card and Online Bank Accounts (not PSP)

Dishonestly makes a false representation, and intends, by making the representation to make a gain for himself or another, or to cause loss to another or to expose another to risk of loss.

PSP - is a payment service provider for example PayPal and World Pay that are not banks, dealing in electronic money transfers.

Plastic Card - Credit card, Debit card, Prepayment card and Store card.

Example 1

‘A’ used a stolen credit card to obtain goods from five separate shops.

- 1 x Theft

- 1 x Fraud – Cheque, Plastic Card and Online Bank Accounts

Example 2

‘A’ uses ‘B’s bank details to purchase goods from five online suppliers. The money being exchanged electronically.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (1 account defrauded)

Example 3

A lost store card is used to obtain goods from three different branches of the same store-chain.

- 1 x Theft by Finding

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 4

A stolen cash card is used to obtain money from four cash machines; one inside a supermarket and three outside separate branches of a bank.

- 1 x Theft OLP, and if not already recorded

- 1 x Theft (depending on circumstances Reset may also be recorded)

Example 5

‘A’ uses a stolen credit card to obtain goods at a supermarket and then uses the card to obtain fuel at the supermarket filling station.

- 1 x Theft

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 6

‘A’ uses a stolen bank card to obtain goods at various shops and withdraws money from two cash machines.

- 1 x Theft

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 7

‘A’ has been caught using a stolen credit card to obtain goods from a shop.

- 1 x Theft

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

During enquiry it is ascertained that forty further transactions have taken place using the same stolen credit card.

- 1 x Theft

- 1 x Fraudulent Scheme - Cheque, Plastic Card and Online Bank Accounts

Example 8

‘A’ has been caught using two different stolen credit cards to obtain goods from ten different shops.

- 2 x Theft

- 2 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 9

A purse is stolen which contains three bank cards from the same bank but different accounts. Two of the bank cards are used to obtain goods.

- 1 x Theft

- 2 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 10

An employee uses the company credit card at a number of locations which is unauthorised by the company and who report the usage to the police.

- 1 x Fraud (Corporate Employee)

Example 11

An account holder reports that a transaction on a statement was not carried out by them. The bank have reimbursed the monies.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (known as Card Not Present Transaction)

Example 12

Credit card stolen in Scotland and used at various locations in England.

- 1 x Theft. (As the card has been used at various locations in England, no fraud requires to be recorded).

Example 13

Enter shopping centre, using stolen credit card in eight separate shops, gaining goods to the value of £859.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

- 1 x Theft (if not already recorded). Depending on circumstances Reset may also be recorded).

Locus of the fraud being the first shop the card was used.

Example 14

Personal and security details obtained legitimately from a victim’s bank account are subsequently used fraudulently to purchase goods from five on line suppliers. The money is exchanged electronically.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 15

Credit card posted to an address but does not arrive. The card is subsequently used fraudulently in the same area.

- 1 x Theft

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 16

Stolen credit card used at a supermarket store and filling station situated at the same locus.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

- 1 x Theft (if not already recorded). Depending on circumstances Reset may also be recorded).

Example 17

Person takes credit card details from fifty accounts and uses them to transfer money into accused’s own online account using a computer.

- 50 x Fraud - the number of crimes is the number of accounts defrauded unless the circumstances indicate this to be a fraudulent scheme, thereby 1 x Fraud (Fraudulent Scheme) - Cheque, Plastic Card and Online Bank Accounts

Example 18

A stolen credit card has been used to obtain goods from two shops which reported the incidents separately. During police enquiries fifty seven other transactions are discovered using the same credit card account.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

- 1 x Theft (depending on circumstances Reset may also be recorded)

Example 19

A purse is stolen containing a Bank X debit card, a Bank X credit card and a Bank X savings account card all belonging to the same person. All of them have been used fraudulently.

- 3 x Fraud - Cheque, Plastic Card and Online Bank Accounts (one for each account defrauded)

- 1 x Theft

Example 20

A purse is stolen containing a Bank X debit card and a Bank X cheque book for the same account. Cheques are fraudulently cashed, goods purchased using the debit card which is also used to obtain money from four cash machines.

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (one account has been defrauded) (the OLPs at the cash machines are subsumed within the Fraud)

- 1 x Theft

Example 21

A stolen credit card is used to obtain pre-paid time on a mobile phone. There is no other usage on the account.

- 1 x Theft

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts

Example 22

A department store phones police informing them that a suspect is at the till presenting a cloned credit card for payment. Suspect leaves the store prior to police arrival.

- 1 x Attempted Fraud - Cheque, Plastic Card and Online Bank Accounts (Note – either the card or details of the card must be available in order to allow confirmation of an attempted fraud having occurred)

Example 23

A person is apprehended for manufacturing four forged credit cards and using them to obtain goods from three separate shops.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S46A (False Monetary Instruments)

- 3 x Fraud - Cheque, Plastic Card and Online Bank Accounts (one for each account defrauded)

Example 24

Suspect caught failing to finish their transaction at the self-pay till by pulling their card out too soon, enquiry brought to light five further incidents with the suspect captured on CCTV doing the same thing, times/dates available.

- 1 x Fraudulent Scheme - Cheque, Plastic Card and Online Bank Accounts

Example 25

‘A’ receives a call purporting to be from their bank advising that they have evidence of fraudulent use on their bank card. ‘A’ is requested to read out the number on the card to confirm the correct details are held and the security code on the reverse. They then state that someone will call shortly with a replacement card. Someone does call a short time later with a replacement card (fake). Prior to doorbell ringing the 'bank' phones back to ask if the card has arrived yet and tells ‘A’ the new PIN. They ask for the PIN for the original card to ensure "that the bank has not inadvertently issued the same PIN number". Suspect then leaves with the original card and person on the phone has PIN. Card is used fraudulently.

- 1 x Fraud (if no PIN had been given then this would be an Attempted Fraud) - Cheque, Plastic Card and Online Bank Accounts.

Example 26

‘A’ receives a telephone call where bank details are requested for authentication purposes and refuses to pass on these details causing caller to hang up.

- Record as an incident only.

Example 27

'A' reports their wallet having been lost from their unzipped jacket pocket somewhere within the town centre, at which time lost property details are noted. ‘A’ re-contacts Police several days later to advise that their bank card, which had been within the wallet, had been used at several locations in the town centre using the "contactless" facility after it had been lost and provided details of these transactions.

- 1 x Theft by Finding

- 1 x Fraud - Cheque, Plastic Card and Online Bank Accounts (for use of card)

Application (excluding Mortgages)

Occurs when fraudsters open an account utilising fake or stolen documents in someone else's name.

The account is usually in respect to Hire Purchase or Loans. Stolen documents may originate from a variety of sources such as theft of utility bills which may contribute along with counterfeit documents to create a verifiable identity.

Example 1

A person obtains a television from a shop on interest free credit using details of another person which were obtained from a bin. No payments are made.

- 1 x Fraud - Application

The same person returns to the same shop and obtains further goods on interest free credit. A new account is created with the same finance company. No payments are made.

- 1 x Fraud – Application

Example 2

A person obtains documents from a dustbin and uses them to obtain goods at three different shops by setting up hire purchase agreements. Three separate accounts are set up, two with the same provider. When payment is due, no payment is made and it is established that the agreements were created using another person’s identity.

- 1 x Fraudulent Scheme – Application

Mortgage Related

Where an individual(s) generally involves one or more associates to fraudulently obtain one or more mortgages for profit and/or to assist in money laundering

Mortgage fraud spans a wide spectrum of deceit from simple overstatement of income, through to systemic abuses by Organised Crime Groups. It can involve the work of fraudulent brokers/intermediaries, lawyers and accountants.

A surveyor or valuer can take a variety of actions in order to manipulate or falsely confirm these key areas to perpetrate a mortgage fraud either independently or in conjunction with other professionals and/or parties involved in the mortgage process.

Example 1

Person obtains three mortgages from different providers on three separate properties, failing to disclose the other mortgages and provides false details of employment.

- 1 x Fraudulent Scheme - Mortgage Related

Example 2

Person obtains an additional mortgage loan on their property by providing false employment details.

- 1 x Fraud - Mortgage Related

Example 3

Person applies for an additional mortgage loan on their property by exaggerating the value of their property and overstating their income. The bank discovers this and the application fails.

- 1 x Attempted Fraud - Mortgage Related

Mandate

Mandate fraud is where fraudsters obtain details of direct debits, standing orders or account transfer details and amend them to transfer monies to other accounts.

Where the victim is a business they may pretend to be one of their existing suppliers and claim that they have set up a new bank account and give account details for payment to be made. The suspect may claim to be from the bank and advise that due to a security breach, the victim requires to transfer funds into a “Safe Account”.

Example 1

A company is contacted by someone purporting to be from their suppliers and is told that they have changed their bank account and seeking for them to make the necessary amendments to reflect this. The details are amended and payments are made. The genuine supplier makes contact querying non-payment and the fraud is uncovered.

- 1 x Fraud - Mandate Fraud

Example 2

An online account is hacked and ten monthly payment details to different payees are altered so that the payments are transferred to another account. Payments are made to six payees before it is uncovered.

- 1 x Fraud - Mandate Fraud

- 1 x Computer Misuse Act 1990, S2 - Computer Hacking

Example 3

‘A’ receives a call from a person purporting to be from their bank who advises there had been an attempt to gain access to their bank account and they require to move their money into a “Safe Account”. ‘A’ feels the call is genuine and agrees to transfer their money into two separate bank accounts, details of which were provided by the caller. ‘A’ later finds out the call was a scam.

- 1 x Fraud – Mandate

(Enquiry may identify that the bank accounts used to transfer the money into were ‘mule’ accounts. A ‘mule’ account is where a person is recruited by other members of the crime network to allow the use of their bank account in order for fraudulently obtained money to be paid into. Thereafter the money is disseminated via withdrawals from ATMs, purchase of high value items, foreign currency etc. where there is evidence that accounts have been used in this manner a Proceeds of Crime Offence (Money Laundering) should be considered).

Dishonestly Retaining a Wrongful Credit

A person is guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Example 1

‘A’ receives money into their account knowing it has been wrongfully credited to their account and spends same.

- 1 x Theft

Insurance Fraud

Insurance Related

Insurance fraud is where policy holders obtain money or replacement goods through false insurance claims or obtain policies by furnishing incorrect details.

Typically reported by the insurance company Involves any insurance policy, e.g. car, household, or travel.

Example 1

A householder claims on their home contents insurance that a number of items of property have been stolen during a break-in that was reported to the police.

Following investigation by an insurance assessor the householder admits that it was a false claim, there was no break-in and the window was smashed in order for them to access the house as they forgot their keys.

- 1 x Theft by Housebreaking updated to No Crime and cross referred with

- 1 x Wasting Police time

- 1 x Fraud - Insurance Related

Following investigation by an insurance assessor the householder admits that two of the items claimed for had never been stolen and in fact they had never been owned by the householder.

- 1 x Fraud - Insurance Related

Example 2

A motorist with only third party insurance crashes their vehicle and on realising they will be liable for the damage leaves the scene of the accident and reports to police that the vehicle was stolen. They later claim on their insurance and following enquiry admits the car was not stolen and they were responsible for the accident.

- 1 x Theft of Motor Vehicle (updated to No Crime)

- 1 x Wasting Police Time

- 1 x Fraud - Insurance Related

- 1 x Road Traffic Act 1988, S170 - Fail to Stop

- 1 x Road Traffic Act 1988, S170 - Fail to Report

Example 3

A householder claims on their household, travel and motor insurance policies for the theft of a camera and lenses although they have never owned a camera.

- 3 x Fraud – Insurance Related (3 separate policies)

Insurance Broker

Insurance broker fraud is where victims obtain insurance cover from a broker or someone purporting to be a broker. When a claim is made or the policy checked, they discover that they are not insured, or the cover that they have paid for and thought they had is not what they have.

Example 1

‘A’ attends a brokers office and obtains insurance for their vehicle which they pay for in cash. Three weeks later following a car accident ‘A’ claims on their car insurance and discovers that there is no insurance in place and the money was never paid by the broker.

- 1 x Fraud - Insurance Broker

Example 2

Following enquiry into an insurance broker practice, police trace twelve people who all confirm they had obtained insurance policies and paid cash to the broker for them. The insurance certificates they were given relate to a bogus insurance company.

- 1 x Fraudulent Scheme - Insurance Broker

Telecom Industry

Telecom Industry Fraud (Misuse of Contracts)

This is where contracts are obtained by false representation from service providers either by using false details or stolen documents/credit cards or with no intention of paying the contract.

This also includes internet services.

Example 1

Suspect obtains a mobile phone on a twelve month contract using a dormant bank account. The phone is then used for three months with no payments being made before the phone is cut off by the service provider. There were no funds in the account and never any intention to pay the monthly contract.

- 1 x Fraud - Telecom Industry

Example 2

A short stay tenant obtains an internet package from an ISP using false details knowing that they will no longer be there in a month’s time when the first bill arrives.

- 1 x Fraud - Telecom Industry

Example 3

Suspect obtains a mobile phone on a twelve month contract using a cloned credit card. The phone is then used for three months before the phone is cut off by the service provider.

- 1 x Fraud - Telecom Industry

- 1 x Fraud - Cheque, Credit Cards and Online Bank Accounts

Example 4

Suspect enters a phone shop and purchases a new handset for their sim card using a cloned credit card.

- 1 x Fraud - Cheque, Credit Cards and Online Bank Accounts

Corporate Employee/Procurement Fraud

Corporate Employee

This is where employees or ex-employees obtain property, or greater remuneration through fraud. It also covers the misuse of corporate cards and expense systems.

Example 1

After an employee leaves a company, they obtain fuel from a garage by signing the usual documents at the garage as if still employed by the company thereby obtaining fuel on former employer’s account.

- 1 x Fraud - Corporate Employee (Locus being first garage petrol obtained)

Example 2

An employee in accounts creates a false employee within a large company and directs all the wage payments to one of their accounts.

- 1 x Fraud - Corporate Employee

Example 3

Twelve employees claim overtime for working on a Sunday at the same site. It is established they never work a Sunday but always claim for doing so.

- 12 x Fraud - Corporate Employee

Example 4

Employee steals a laptop belonging to the company from an office. When interviewed they admit they have been submitting false expenses for the last six months.

- 1 x Theft

- 1 x Fraud - Corporate Employee

Example 5 An employee is reported to the police for falsely claiming travelling expenses (no gain has occurred).

- 1 x Attempted Fraud – Corporate Employee (if successful - 1 x Fraud)

Example 6

A store person orders stock by completing 266 requisition slips in order to steal from their employer.

- 1 x Fraud – Corporate Employee (although depending on the circumstances this may be a Fraudulent Scheme or an Embezzlement)

Corporate Procurement

This offence is where excess goods are ordered and then sold on by the offender or goods of an inferior quality are delivered to those paid for with the offenders pocketing the difference.

Example 1

The site foreman orders kitchens for twelve properties when the company is only building ten houses. The two additional kitchens are then sold on by the foreman who keeps the money.

- 1 x Fraud - Corporate Procurement

Example 2

A large company is updating their IT and an order is placed for 150 new desk top computers. 140 desk top computers are replaced with the new machines and the project team of ten each take home a brand new computer for their own use. The company does not supply desk top computers for use at home.

- 10 x Theft

Example 3

An employee of a housing development contacts their friend who runs a garden centre business to arrange delivery of a quantity of shrubs for the development. The employee tells their friend to invoice for the more expensive shrubs as no one will know the difference and both share the difference.

- 1 x Fraud - Corporate Procurement (2 accused)

Pension Fraud

Pension Fraud by Pensioners (or their estate)

This is where the pension provider is defrauded by the pensioner or more usually by the pensioner’s estate following their death.

Example 1

A pension provider reports that ‘A’ failed to inform them of the death of ‘B’ so ‘A’ continued to receive full payments from the pension of ‘B’.

- 1 x Fraud - Pension Fraud by Pensioners

Example 2

A pension provider reports that ‘A’ failed to inform them of the death of ‘B’ so ‘A’ continued to receive full payments from the pension of ‘B’. On making enquiry it is established there is a further pension held with a separate provider and ‘A’ has also failed to inform them of the death of ‘B’.

- 2 x Fraud - Pension Fraud by Pensioners

Example 3

It is discovered that money was illegally drawn each week from two Pension Books, one issued by the Government and one by the Local Authority, the true recipient having died fifteen years earlier. Money was withdrawn on 1560 occasions.

- 2 x Fraud - Pension Fraud by Pensioners. The victims are (1) the Government and (2) the Local Authority.

Pension Fraud Committed on Pensioners

This is where the pensioner is the victim of fraud on their pension. It is usually committed by Trustees or pension funds inappropriately using the pension fund.

Example 1

A trustee of a pension fund moves funds from a trust fund into their own account with little risk of being caught as the pension is not due to mature for another twenty years, falsely completing documents to transfer the money.

- 1 x Forgery and Uttering – Pension Fraud Committed on Pensioners

Pension Liberation

This is where by fraud a pensioner is persuaded to ‘liberate’ their pension early for a large cash sum. The payment is considerably smaller than they expected because of fees and taxes.

Example 1

‘A’ is contacted by a company who advise that they can obtain the value of their pension now for a small fee. ‘A’ is struggling financially and agrees. ‘A’ receives a cheque for a quarter of its value, the rest going on fees and charges.

- 1 x Fraud - Pension Liberation

Miscellaneous Fraud

Business Trading Fraud

In the case of long/short firm fraud being a fraudulent scheme where there are multiple victims of a single (or team) of perpetrators a crime should be recorded for each victim. Generally, this involves a company being set up, obtaining goods on credit and failing to make payment for the goods. The goods are usually sold for cash and the business closes their premises, moving on, possibly to do the same again. More recently, instances of individuals purporting to be from legitimate companies have obtained goods on credit with enquiry establishing they were not part of the legitimate company, having obtained the goods and moved on.

Long Firm Fraud - normally where an apparently legitimate business is set up with the purpose to defraud its suppliers and customers after a relatively long period of time. The business develops a decent credit history to win the trust of suppliers; this is achieved by placing numerous small orders with wholesalers accompanied by prompt payment. The fraudsters then place several larger orders with the businesses with which they have established a good credit history. Once they receive the goods, the criminals will promptly disappear and sell the goods on from various trading places

Short Firm Fraud - where an apparently legitimate business is set up with the purpose to defraud its suppliers and customers after a relatively short period of time. This is similar in all aspects to long firm fraud, however over a shorter time span with no pattern to establish any form of credit history or creditability. The companies involved have no day-to-day trading activity, not even a cash-generating front. Goods are obtained on credit and delivered to third party addresses, often located at multi occupancy trading estates. The goods are sold on for cash therefore creating no document trail.

Example 1

A company is set up to sell goods. They order a relatively low number of goods from a supplier and on advertising the goods, receive 100 orders and payment to purchase the goods. The director of the company disappears with the money, no goods are dispatched for the 100 orders/payment received and the supplier of the goods is not paid.

- 101 x Fraud – Business Trading

Example 2

A club treasurer persuades ten people to donate money to the club by making false statement about the club’s finances.

- 10 x Fraud – Business Trading

Example 3

Company sets up business, obtains credit over a two month period from two companies and fails to pay for goods received. Enquiry reveals the business has closed their office premises.

- 2 x Fraud – Business Trading

False Accounting Fraud

“Destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose;”

or

“In furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular."

See Companies Act for relevant offences.

Bankruptcy and Insolvency Fraud (SGJD - 27/000)

It is a crime at Common Law for any person who is insolvent or bankrupt, or on the eve of, or in contemplation of bankruptcy to conceal or remove his assets with intent to defraud his creditors.

Note

The Bankruptcy (Scotland) Act 1985 is concerned with individual insolvency. The Insolvency Act 1986 relates to company insolvency.

Example 1

Failing to disclose relevant financial matters on legal documents when seeking sequestration.

- 1 x Bankruptcy (Scotland) Act, 1985

Passport Application Fraud

Passport fraud occurs where fraudsters obtain or try to obtain a United Kingdom Passport by false representation to the passport Agency.

Example 1

The Passport Office report that they have received a passport application using a forged birth certificate. No passport is issued.

- 1 x Forgery and Uttering - Passport Application

Fraudulent Applications for Grants from Government Organisations

Fraudulent Grant

This is where Government funded Organisations have provided grants, based on false representations or where they have received grant applications that contain false representations and so no grant was paid.

Government Funded Organisations - organisations set up to distribute funding on behalf of the government. They are not charities.

Example 1

An organisation has provided funding for a householder to install solar heating as a result of a grant application. The applicant receives the money and pays it into their account, submitting the receipt for installation. It is then established that the receipts are false and no work was carried out.

- 1 x Fraud - Fraudulent Application for Grants from Government Funded Organisations

Example 2

An organisation has received an application for a grant of £10,000 for a project. In checking the application the organisation establishes that the applicant has used false details and the company who were to undertake the work does not exist. No grant was paid.

- 1 x Fraud - Fraudulent Application for Grants from Government Funded Organisations

Other Regulatory Fraud

This crime type should be used to record regulators fraud not covered elsewhere. Examples would include Land Registry, Insider Dealing at the stock exchange, or the Gambling Commission, etc.

Example 1

The land registry receives a fraudulent application to change the ownership of a plot of land.

- 1 x Forgery and Uttering - Other Regulatory

Fraud by Failing to Disclose Information

Dishonestly fails to disclose to another person information which he is under a legal duty to disclose and intends by failing to disclose the information to make a gain for himself or another, or to cause loss to another or expose another to a risk of loss.

Example 1

A solicitor fails to share information with a client in order to make a gain for another client.

- 1 x Fraud - Fraud by Failing to Disclose Information

Abuse of Position (including Embezzlement)

Occupies a position in which they are expected to safeguard, or not to act against, the financial interests of another person, dishonestly abuses that position and intends, by means of the abuse of that position to make a gain for themselves or another or to cause loss to another or to expose another to risk of loss.

A person may be regarded as having abused their position even though their conduct consisted of an omission rather than an act.

Embezzlement

Definition

The felonious appropriation of property, which has been entrusted to the accused with certain powers of management or control. The accused must have received either a limited ownership of the property, or actual possession of the property under liability to account for it to the owner.

Example 1

Shop manager lodges twenty two false refund transactions through the till point on separate occasions to the value of £815.

- 1 x Embezzlement - Abuse of Position of Trust

Example 2

The financial administrator in a Care Home with sole access to resident’s accounts fraudulently obtains monies by adjusting the accounts by £100 per person over a six month period. Twenty-six resident’s accounts have been found to have such anomalies.

- 1 x Embezzlement - Abuse of Position of Trust

Example 3

‘A’, a family member, has power of attorney for ‘B’ and has full control of their finances. ‘A’ transfers monies from the various accounts of ‘B’ into their own account with no justification for doing so.

- 1 x Embezzlement - Abuse of Position of Trust (depending on individual circumstances re the extent of control of finances, theft or fraud can be alternative outcomes).

Example 4

Two employees, acting together, found to be embezzling monies.

- 1 x Embezzlement - Abuse of Position of Trust - 2 accused

Example 5

Shop assistant devises a system i.e. short change, in order to steal money from the till over a period of time. Enquiry provides dates for each transaction carried out.

- 1 x Fraudulent Scheme - Corporate Employee

Example 6

A shop assistant is seen on CCTV on five occasions over a period of one week to steal cash from till, which is confirmed when the till was balanced.

- 1 x Theft

Example 7

Home care assistant takes bank card from victim’s drawer without permission, attending at ATM and withdrawing £50 each day over five days, returning the card after each transaction.

- 1 x Theft

- 1 x Theft by Opening Lockfast Place ATM (only one account) (Locus of Theft being the victim’s home address and the Theft by Opening Lockfast Place being where the first transaction took place)

Example 8

A coach at the Amateur Football Club collects money from fourteen players to organise a tournament and makes off with the money.

- 1 x Fraudulent Scheme - Other (depending on position held by the culprit and circumstances, this may be considered to be an embezzlement)

Example 9

Ten work colleagues give money to another colleague who has agreed to book a Christmas lunch. While enquiry has been made with an agreed restaurant and menus provided to attendees, the lunch is not booked and the suspect fails to return the monies.

- 1 x Theft (the monies are treated as being collective and there is nothing to suggest the suspect set up a fraudulent scheme to obtain the monies).

Note

Where a shop assistant with no powers of management or control steals money from a till this should be recorded as Theft or if a scheme has been set in place, record as a Fraudulent Scheme.

DVLA Driver Licence Application Fraud

Driving Licence fraud occurs where fraudsters obtain or try to obtain a United Kingdom driving licence by false representation to the Driver and Vehicle Licensing Agency (DVLA).

Note

This only deals with fraudulent UK driving licence applications. DVLA should be consulted to ensure that the application is false. Forged/counterfeit driving licences should be recorded as Identity Documents Act.

Example 1

DVLA report that they have received a driving licence application using a forged foreign driving licence. No driving licence is issued.

- 1 x Road Traffic Act 1988, S173

Example 2

A suspect is arrested after using a UK driving licence obtained by a fraudulent application to obtain a fraudulent hire purchase agreement on a new car.

- 1 x Road Traffic Act 1988, S173

- 1 x Fraud – Application Fraud (excluding Mortgages) – regarding hire purchase agreement

Other Fraud (not covered elsewhere)

This section should be used for all other fraud by false representation or obtaining services dishonestly, that are not covered elsewhere.

Board and Lodgings

Example 1

Person books into a guest house for two nights and leaves early morning failing to pay for stay.

- 1 x Fraud – Other

Example 2

Person books into a guest house for two nights and leaves early morning failing to pay for stay.

- 1 x Fraud – Other

Example 3

Guests in a boarding house leave without paying and take items of property, e.g. towels, with them.

- 1 x Fraud - Other (As both offences are crimes of dishonesty only the crime of Fraud is required with the theft included in the MO)

Restaurant/Take Away

Example 1

‘A’ enters a restaurant with their family, and orders a meal without any intention or means to pay for that meal. ‘A’ states that they have no means of paying when the bill is presented.

- 1 x Fraud – Other

Example 2

A person phones for a take away to be delivered to a specific address. On being delivered the householder takes the food and states they will return to the door with the money due, closing the door. They fail to return to the front door to pay and do not answer the door on the delivery driver knocking.

- 1 x Fraud – Other

Example 3

A person phones for a take away to be delivered to a specific address. On arrival the delivery driver is met outside the premises where a male purports to be the occupier of the said address, takes possession of the food and runs away.

- 1 x Fraud – Other

Taxi Fraud

Example 1

Two persons make off from taxi failing to pay fare. Police trace both accused and payment is made.

- 1 x Fraud - Other (although payment has been made, the actions of the accused indicate intention to deceive). Locus is where journey ends.

Example 2

Person books taxi under their own name requesting to be taken to a specified address and on arrival exits taxi stating they will obtain the monies and return to pay. They fail to return and on taxi driver attending at house, is told there is no intention to pay.

- 1 x Fraud – Other (locus is where journey ends)

Frauds Abroad

Example 1

Victim residing in Spain rents a flat in Edinburgh via the internet, transferring funds via the internet to an account, the locus of which is unknown. On arriving in Edinburgh the victim establishes the address is a shop premises, not for rent and calls at the local police station to report this.

- Only an incident need be recorded. The victim should be advised to report this in Spain.

Example 2

A resident of this country travels to Spain and is defrauded in Spain by a Spanish registered Time Share Company. They return home and report it to local Police.

- Only an incident need be recorded. (Officers may wish to offer advice and may consider noting the details and forwarding to Interpol on behalf of the victim).

Example 3

A Belgian National orders goods over the internet from an American Company. He pays for the goods using pay pal. The goods are never delivered. Enquiries at pay pal show that funds were transferred from Belgium to USA via pay pal account in Edinburgh.

- Only an incident need be recorded. (Officers may wish to offer advice and may consider noting the details and forwarding to Interpol on behalf of the victim).

Other Frauds

Example 1

A person claims to be dying of a terminal illness to two work colleagues, their dying wish being to visit Florida although advise that the cost of this trip is not affordable. The two work colleagues pay for the trip to Florida, later finding out their colleague was not terminally ill.

- 1 x Fraudulent Scheme – Other

Example 2

Frauds are reported separately by two victims. During police enquiries 57 further victims of fraud are discovered.

- 2 x Fraud - initially recorded (after investigation the evidence of other crimes may indicate a fraudulent scheme, therefore the crime would be amended to 1 x Fraudulent Scheme)

Example 3

'A' drives off from a car park and fails to pay the appropriate parking fee by avoiding/ducking under the exit barrier.

- In the majority of cases this will amount to a civil matter between the operators of the car park and the driver.

Example 4

A milk delivery person is reported to the police for repeatedly charging customers for more milk than they have received. Twenty victims are identified.

- 1 x Fraudulent Scheme – Other

Housebreaking

Housebreaking is not a substantive crime; there must be, in addition, a felonious intent. Housebreaking is only associated with theft, either as an aggravation thereof or with the intent to commit that crime.

The term ‘house’ applies not only to a dwelling house but also to any other roofed building, whether finished or unfinished or to any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons. To constitute housebreaking, not merely the sanctity, but the strength or security of the building, must be overcome. It is not essential that actual damage should be caused to the building; the security of the building is overcome whenever entry is affected by what is not the usual, or intended, mode of entrance.

Offence Modifiers

There are three offence modifiers for housebreaking.

Where there is uncertainty as to the appropriate modifier to be applied, consideration should be given as to the use of the building e.g. a barn being used on a farm which is run as a business would be classed as a commercial premise, whereas a barn used on a non-working farm would be classed as a non-dwelling.

Note – Correct application of the modifier is imperative for accurate statistical monitoring.

Dwelling

A house which is being used or fit for residential purposes.

• Caravans used as residential home and touring caravans if used as permanent domicile.
• Houses which are unfinished / under renovation but are capable of being secured against intrusion (e.g. lock on door) which are roofed and have windows and doors fitted are classed as dwelling houses.
• Boarding House – should be classed as a dwelling house when the owner resides permanently on the premises.
• Domestic garage, which is an integral part of a dwelling house (i.e. there is a connecting door between house and garage).
• Occupied bedrooms within hotel.

Non-dwelling

All roofed buildings used for domestic purposes other than dwellings.

• Domestic garages, which are not an integral part of a dwelling house.
• Garden huts / garden sheds / allotment huts (non-commercial).
• Outhouses.

Other

All roofed buildings not used for residential or domestic purposes, e.g. commercial premises

• Portacabins – not used for storage e.g. office (portacabins used for storage and non-static caravans should be classified as a Lockfast Place (OLP)
• Commercial / Business premises
• Factory buildings, Schools
• Park huts
• Show houses (used purely for that purpose)
• Boarding House – should be classed as ‘Other’ when the owner does not reside permanently on the premises
• Ships – unless used as full time domicile
• Barn within a working farm

Note

An Attempted Housebreaking should be recorded when an unsuccessful attempt has been made to break-in. If a break in renders a building insecure and no property is stolen the crime is Housebreaking with Intent to steal.

For the purposes of recording crime, a compound, yard or field secured by a fence and locked gate is not considered to be a lockfast place. Any crimes of this type should be recorded as Theft or subsumed within other substantive crimes such as Theft by Housebreaking as circumstances dictate.

Where damage is reported as having occurred which may indicate an intent to break in to the premises, this should be considered as an Attempted Housebreaking with Intent to Steal unless justification is provided that the damage is more likely to be as a result of Vandalism.

Huts/sheds and garages (roofed buildings) should be considered as houses for recording purposes. While portacabins may be used for the same purpose (storage) this is considered to be a container and should be recorded as a lockfast place when used for this purpose. A portacabin which is being used as an office (internal adjustments made within e.g. electricity, phone etc.) should be recorded as a housebreaking.

Thefts from unoccupied hotel rooms

Points to consider when establishing whether a Theft or a Theft by Housebreaking has occurred:

• Was the door secured properly on occupier leaving e.g. did they check it was secure, was there a possibility that the door did not close properly.
• If a key card is used whether the opening/closing of the door has been recorded at the reception and how this links in with the timeline of the property going missing.
• The opportunity for access to be gained to the room and property stolen while door lying open when room being cleaned.
• The possibility that the person cleaning the room could be responsible.
• The possibility of the key/card having been lost, whether that be by the present or previous occupant and potential for it to be used to gain access.
• Potential for the door to be opened by other means, e.g. faulty lock and by pushing same to allow access with no obvious signs of damage.

19/004 - Theft by Housebreaking (Dwelling)

19/005 - Theft by Housebreaking (Non Dwelling)

19/006 - Theft by Housebreaking (Other)

General Rule

One crime for each household/business

Definition

Theft by housebreaking is constituted whenever the security of the house is violated and some article abstracted or removed for the purpose of being carried off. It is not essential that the thief should have actually entered the building. The theft is complete if, for example, he draws the article towards him with some implement, even although he does not get the article into his hand.

Note: Where a true key left in lock has been used to open the door, this does not constitute a break in.

Victim/Complainer

Property owner/tenant

Locus

Where crime takes place

19/007 - Housebreaking with intent to steal (Dwelling)

19/008 - Housebreaking with intent to steal (Non Dwelling)

19/009 - Housebreaking with intent to steal (Other)

General Rule

One crime for each household/business

Definition

It is a substantive crime to break into any building with intent to steal therefrom. The felonious purpose is inferred from the circumstances in which the building is entered.

Note: If the extent of a break-in renders a building insecure and no property is taken the crime is Housebreaking with intent to steal.

Victim/Complainer

Property owner/tenant

Locus

Where crime takes place

19/010 - Attempted Housebreaking with intent to steal (Dwelling)

19/011 - Attempted Housebreaking with intent to steal (Non Dwelling)

19/012 - Attempted Housebreaking with intent to steal (Other)

General Rule

One crime for each household/business

Definition

It is a substantive crime to attempt to break into any building with intent to steal therefrom. The felonious intent is inferred from the circumstances in which the attempt is made to enter the building.

Note: If the extent of a break-in renders a building insecure and no property is taken the crime is Housebreaking with intent to steal.

Victim/Complainer

Property owner/tenant

Locus

Where crime takes place

Housebreaking Examples

Dwelling

Example 1

Open insecure window from outside and steal property from internal window ledge.

- 1 x Theft by Housebreaking (dwelling)

Example 2

Enter house through open window, steal items from kitchen and living areas.

- 1 x Theft (if the window was above ground level and the culprit was required to climb up to enter or further open the window to gain entry this would be Housebreaking).

Example 3

Break into dwelling, steal property, exit house, open insecure garage, steal vehicle owned by the householder.

- 1 x Theft by Housebreaking (dwelling) (note – if the vehicle was not owned by the household then a separate Theft of Motor Vehicle would also be recorded due to the insecurity of the garage).

Example 4

Break into dwelling, steal car keys, thereafter steal vehicle

Parked in driveway owned by a visitor.

- 1 x Theft by Housebreaking (dwelling)

- 1 x Theft of Motor Vehicle (due to vehicle being owned by someone other than the household).

Example 5

Force conservatory doors of house, steal property, no further access to house gained.

- 1 x Theft by Housebreaking (dwelling)

Example 6

Three students share the rent for a house and each have locked rooms within.

The house is broken into, all three rooms forced open and property stolen from each.

- 1 x Theft by Housebreaking (dwelling) with three victims

The insecure house is entered, all three rooms forced open and property stolen from within.

- 3 x Theft by Housebreaking (dwelling) with three victims.

Example 7

Force open front door of common stair type building and steal pedal cycle stored in common lobby.

- 1 x Theft by Housebreaking (dwelling)

Example 8

Force open front door of common stair type building, break in to two secure flats within building and steal property from each.

- 2 x Theft by Housebreaking (dwelling)

Example 9

Force open three locked rooms occupied by students in a university halls of residence and steal property stolen from within.

- 3 x Theft by Housebreaking (dwelling)

Example 10

Force open integral garage (door connecting garage to house) and stealing therefrom.

- 1 x Theft by Housebreaking (dwelling). (Where there is no connecting door to house record as Theft by Housebreaking (non- dwelling).

Example 11

Force entry to dwelling and steal property, being disturbed and raping householder.

- 1 x Theft by Housebreaking (dwelling)

- 1 x Sexual Offences (Scotland) Act 2009, S1 Rape

Example 12

Break into dwelling, steal property from living room area, being disturbed and assault two occupants.

- 1 x Theft by Housebreaking (dwelling)

- 2 x Assault

Example 13

Find key beneath flower pot, open front door, stealing property.

- 1 x Theft by Housebreaking (dwelling) (key feloniously obtained)

Example 14

Enter hotel, break into four occupied hotel rooms and managers living quarters, stealing property.

- 5 x Theft by Housebreaking (dwelling) (Had the culprit entered the hotel and stolen from the managers quarters and four unoccupied rooms then this would be classified as 1 x Theft by Housebreaking (dwelling) and 1 x Theft by Housebreaking (other). If the rooms are occupied, then this becomes the persons domicile and therefore each crime will be counted individually).

Example 15

Break into garden hut, steal spade, thereafter break into dwelling house owned by same complainer and steal property.

- 1 x Theft by Housebreaking (dwelling)

Example 16

Break into static caravan and steal therefrom.

- 1 x Theft by Housebreaking (dwelling)

Example 17

Raise insecure sash window of a ground floor house window, climb through, search rooms, nothing stolen.

- 1 x Housebreaking with Intent to Steal (dwelling)

(Should it be unknown whether the window was opened further or if the open window was at such a distance from the ground it would require the culprit to at least pull themselves up, the crime should be treated as a Housebreaking).

Example 18

Smash small window of door of dwelling near to lock although hole big enough to reach through, no entry gained to property.

- 1 x Attempted Housebreaking with Intent to Steal (dwelling)

Example 19

Insert fishing rod through letter box, hook keys on table within and use same to steal vehicle in driveway.

or

Insert fishing rod through letterbox in an effort to hook keys on table within, attempt failing, fishing rod and keys found on floor on householders return.

- Both of the above scenarios would result in a Theft by Housebreaking (dwelling) being recorded.

Example 20

Postman leaves a package with neighbour, posting a card advising of this through the delivery address letterbox. The neighbour puts a metal rod through the letterbox in an attempt to retrieve the card intending to keep the package. This is unsuccessful with the metal rod having fallen into the house and being found behind the door along with the card.

- 1 x Theft (the attempt to obtain the card from the delivery address is a continuation of the intention to steal the package)

Example 21

Householder returns home to find front door forced open. No property missing from within and no signs that any person has been in the house.

- 1 x Housebreaking with Intent to Steal (dwelling) (the presumption is Housebreaking until proven otherwise).

Example 22

Steal set of keys from Locus 1, using same to enter and steal property from Locus 2

- 1 x Theft (Locus 1)

- 1 x Theft by Housebreaking (dwelling) (Locus 2)

Example 23

Break into house overnight, no items stolen, break into garage within curtilage of the property and not attached to the house, and steal various items.

- 1 x Theft by Housebreaking (non-dwelling) (the substantive crime here is the Theft by Housebreaking from the garage and the Housebreaking with Intent to Steal from the house may be subsumed.

Example 24

Attempt to break in to dwelling, no access gained, enter insecure shed in garden, and steal property from within.

- 1 x Theft (Attempted Housebreaking with Intent to Steal is subsumed into the Theft which is the completed crime, same locus, same complainer).

Example 25

Householder returns home to find a pane of glass in their front door broken. The broken pane is adjacent to the door lock and handle but no entry was gained.

- 1 x Attempted Housebreaking with Intent to Steal (dwelling). (Since the broken pane was adjacent to the door lock and handle there will be a presumption that this was an attempt to enter the property unless there is clear evidence to the contrary to suggest an act of Vandalism).

Example 26

Tent on camp site, secured by padlock, entered by cutting material and property belonging to two persons stolen.

- 2 x Theft (the tent is not considered to be a lockfast place or a dwelling)

Non-dwelling

Example 1

Break into garden hut, stealing spade from within.

- 1 x Theft by Housebreaking (non-dwelling)

Example 2

Break into bicycle shed, stealing three bicycles.

- 1 x Theft Housebreaking (non-dwelling) (If the bicycles were contained within a locked cage or similar this would be an OLP. If this occurred at a school or commercial property the classification would be Theft by Housebreaking (other)).

Example 3

Break into three garages located at end of street, owned/rented by residents within the street and steal property from each garage.

- 3 x Theft by Housebreaking (non-dwelling)

Enquiry ascertains that 1 resident works from home and uses the garage as part of their business.

- 2 x Theft by Housebreaking (non-dwelling)

- 1 x Theft by Housebreaking (other)

Example 4

Enter secure communal underground car park by means unknown, break into vehicle and steal property. Entry to the car park can be gained by a lift/common stair to the dwellings above, and there are no signs of any forced entry to the car park or common stair area.

- 1 x Theft by Opening Lockfast Motor Vehicle (due to there being no signs of forced entry this would not be considered a housebreaking. If there had been signs of forced entry a housebreaking (dwelling) would be recorded.

Other

Example 1

Force common stair door, break through wall into shop, force office door and steal safe.

- 1 x Theft by Housebreaking (other)

Example 2

Break into Sports centre, force open ten lockers and steal property.

- 1 x Theft by Housebreaking (Other). (OLPs subsumed. If the centre had been open to the public and the lockers had been forced, this would be recorded as Theft by Opening Lockfast Place and the number of crimes would be dependent on the number of lockers forced open).

Example 3

Foam alarm box of factory, no further attempt made to break into premises.

- 1 x Attempted Housebreaking with Intent to Steal (other)

Example 4

Cut telephone wires connected to alarm system of office premises.

- 1 x Attempted Housebreaking with Intent to Steal (other)

Example 5

Break into first floor flat, cut hole in floor in order to gain entry into the chemist shop below and steal property.

- 1 x Theft by Housebreaking (other) (the intention appears to be to gain access to the chemist shop. Should property have been stolen from the flat, a further Theft by Housebreaking (dwelling) would be recorded).

Example 6

Break into secure wooden hut used to store excess tables and chairs at a school, no property stolen.

- 1 x Housebreaking with Intent to Steal (other)

Example 7

Climb up to first floor window of Care Home, open window, climb in to common room area and steal property.

- 1 x Theft by Housebreaking (other) (due to the main building being a commercial property).

Example 8

Force padlock, enter compound, break in to portacabin used as an office, steal items including car keys and company owned vehicle parked outside.

- 1 x Theft by Housebreaking (other).

Example 9

Force padlock, enter compound, enter insecure office, steal items including car keys and company owned vehicle parked outside.

- 1 x Theft of Motor Vehicle

Example 10

Break into permanent caravan used for fast food and steal property.

- 1 x Theft by Housebreaking (other)

Example 11

Enter PIN number to gain entry to office premises and steal property.

- 1 x Theft - if established that access has been gained by a member of staff who is permitted access.

- 1 x Theft by Housebreaking (other) - if it is unknown whether entry was gained by a member of staff who is permitted access, or whether an identified member of staff has gained access however was not permitted to do so.

Example 12

Break in to shopping centre, break in to three business premises within and steal property from each.

- 1 x Theft by Housebreaking (other)

25/000 - Identity Documents Act 2010

General Rule

One crime for each incident

Definition

Section 4 – Possession of false identity documents etc. with improper intention

(1) It is an offence for a person (“P”) with an improper intention to have in P’s possession or under P’s control -

(a) an identity document that is false and that P knows or believes to be false,

(b) an identity document that was improperly obtained and that P knows or believes to have been improperly obtained, or

(c) an identity document that relates to someone else.

(2) Each of the following is an improper intention -

(a) the intention of using the document for establishing personal information about P;

(b) the intention of allowing or inducing another to use it for establishing, ascertaining or verifying personal information about P or anyone else.

(3) In subsection (2) (b) the reference to P or anyone else does not include, in the case of a document within subsection (1) (c), the individual to whom it relates.

Section 5 – Apparatus designed or adapted for the making of false identity documents etc.

(1) It is an offence for a person (“P”) with the prohibited intention to make or to have in P’s possession or under P’s control -

(a) any apparatus which, to P’s knowledge, is or has been specially designed or adapted for the making of false identity documents, or

(b) any article or material which, to P’s knowledge, is or has been specially designed or adapted to be used in the making of such documents.

(2) The prohibited intention is the intention -

(a) that P or another will make a false identity document, and

(b) that the document will be used by somebody for establishing, ascertaining or verifying personal information about a person.

Section 6 – Possession of false identity documents etc. without reasonable excuse

(1) It is an offence for a person (“P”), without reasonable excuse, to have in P’s possession or under P’s control –

(a) an identity document that is false,

(b) an identity document that was improperly obtained,

(c) an identity document that relates to someone else,

(d) any apparatus which, to P’s knowledge, is or has been specially designed or adapted for the making of false identity documents, or

(e) any article or material which, to P’s knowledge, is or has been specially designed or adapted to be used in the making of such documents.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

‘A’ is arrested in possession of a false passport, without reasonable excuse.

- 1 x Identity Documents Act 2010, S6

Example 2

‘A’ is stopped with a false driving licence obtained over the internet attempting to prove their age to enter an over 21 club.

- 1 x Identity Documents Act 2010, S4

Example 3

‘A’ is stopped in possession of a bank statement belonging to another person. There is no evidence of any intent to commit a crime.

- This is not a crime as bank statements are not an identity document.

Offences of identity theft should only be used where there is no evidence of any intent to commit fraud. Where there is evidence of intent to commit fraud then only the crime of Fraud should be recorded.

Example 4

A passport has been reported stolen and has subsequently been used to commit fraud.

- 1 x Theft

- 1 x Fraud

Example 5

A forged passport is used to commit fraud.

- 1 x Fraud

Example 6

‘A’, apprehended for forging a passport, admits to five similar crimes.

- 1 x Forgery and Uttering

Note

Meaning – Identity Document

For the purposes of sections 4 to 6 “identity document” means any document that is or purports to be -

(a) an immigration document,

(b) a United Kingdom passport (within the meaning of the Immigration Act 1971),

(c) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation,

(d) a document that can be used (in some or all circumstances) instead of a passport,

(e) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981, or

(f) a driving licence issued by or on behalf of the authorities of a country or territory outside the United Kingdom.

(2) In subsection (1) (a) “immigration document” means—

(a) a document used for confirming the right of a person under the EU Treaties in respect of entry or residence in the United Kingdom,

(b) a document that is given in exercise of immigration functions and records information about leave granted to a person to enter or to remain in the United Kingdom, or

(c) a registration card (within the meaning of section 26A of the Immigration Act 1971).

(3) In subsection (2) (b) “immigration functions” means functions under the Immigration Acts (within the meaning of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004).

(4) References in subsection (1) to the issue of a document include its renewal, replacement or re-issue (with or without modifications).

(5) In this section “document” includes a stamp or label.

Meaning – Personal Information

For the purposes of sections 4 and 5 “personal information”, in relation to an individual (“A”), means—

(a) A’s full name,

(b) other names by which A is or has previously been known,

(c) A’s gender,

(d) A’s date and place of birth,

(e) external characteristics of A that are capable of being used for identifying A,

(f) the address of A’s principal place of residence in the United Kingdom,

(g) the address of every other place in the United Kingdom or elsewhere where A has a place of residence,

(h) where in the United Kingdom and elsewhere A has previously been resident,

(i) the times at which A was resident at different places in the United Kingdom or elsewhere,

(j) A’s current residential status,

(k) residential statuses previously held by A, and

(l) information about numbers allocated to A for identification purposes and about the documents (including stamps or labels) to which they relate.

Opening Lockfast Places (OLPs)

Opening lockfast places is not a substantive crime; it relates to theft, either as an aggravation, or with intent to commit that crime.

The expression “lockfast places” includes rooms, cupboards, drawers, safes, desks, cash-boxes, showcases, portacabins used for storage, non-static caravans and any other receptacle the contents of which are protected by lock and key or other secure measure.

For the purposes of recording crime, a compound, yard or field secured by a fence and locked gate is not considered to be a lockfast place. Any crimes of this type should be recorded as Theft or subsumed within other substantive crimes such as Theft by Housebreaking as circumstances dictate.

Theft by opening lockfast places is committed whenever the security of the lockfast place is overcome and the contents stolen. It is immaterial whether this was achieved by using violence, or false keys, or the true key unless it was left in the lock.

Frequently, opening lockfast places occurs in combination with housebreaking. However, multiple incidences of the same Crime of Dishonesty committed on the same occasion at the same locus will be recorded as 1 crime only. Where it would be possible to record multiple types of crimes of dishonesty (e.g. theft by housebreaking and OLP) within the same incident, only one crime type, i.e. the most 'serious', will be applied.

Theft OLP (ATMs) will be recorded as one crime per account in line with Fraud counting rules.

Theft OLP (ATMs and Fuel Pumps) will be counted for statistical purposes within the SGJD Code for Fraud (25/000).

Note

Insert card in fuel pump: Theft (other)

Insert card & PIN in fuel pump: Theft by Opening Lockfast Place (included in fraud statistics)

Insert card & PIN in ATM: Theft by Opening Lockfast Place (ATM) (included in fraud statistics)

Hand card to sales assistant and key in PIN: Fraud

20/001 - Theft by Opening Lockfast Place (excluding Motor Vehicle)

20/002 - Open Lockfast Place with intent (excluding Motor Vehicle)

20/003 - Attempted Open Lockfast Place with intent (excluding Motor Vehicles)

25/000 - Theft by Opening Lockfast Place – ATM (including fuel pump)

General Rule

One crime for each victim

Definition

Theft by opening lockfast places is committed whenever the security of the lockfast place is overcome and the contents stolen. It is immaterial whether this was achieved by using false keys, or the true key unless it was left in the lock.

The expression “lockfast places” includes rooms, cupboards, drawers, safes, desks, cash-boxes, show-cases, and any other receptacle the contents of which are protected by lock and key.

For the purposes of recording crime, a compound, yard or field secured by a fence and locked gate is not considered to be a lockfast place. Any crimes of this type should be recorded as Theft or subsumed within other substantive crimes such as Theft by Housebreaking as circumstances dictate.

Victim/Complainer

Property owner

Locus

Where crime takes place (for ATM usage see notes)

Examples

Example 1

Break into non-static caravan or lockfast portacabin used purely for storage purposes, nothing stolen.

- 1 x Open Lockfast Place with Intent

Example 2

Break into lockfast storage cubicle/cage within an insecure common close and steal pedal cycle.

- 1 x Theft by Opening Lockfast Place

Example 3

Steal bank card, insert into different ATMs on five occasions using PIN and withdraw cash.

- 1 x Theft

- 1 x Theft by Opening Lockfast Place (ATM) (one crime per account) (key in form of PIN requires to be entered to cause machine to issue cash)

Example 4

Steal bank card, insert into fuel pump, input PIN and withdraw fuel.

- 1 x Theft

- 1 x Theft by Opening Lockfast Place (fuel pump) (key in form of PIN requires to be entered to cause machine to issue fuel)

Example 5

Enter sports centre, force open ten lockers and steal property from within owned by ten different persons.

- 10 x Theft by Opening Lockfast Place (each locker is considered to be a lockfast place.

Example 6

Break into locker within sports centre and steal property from within belonging to two persons.

- 1 x Theft by Opening Lockfast Place (both persons will be recorded as victims as it is only one lockfast place).

Example 7

Force open three non-static caravans and steal property owned by different persons.

- 3 x Theft by Opening Lockfast Place

Example 8

Force padlock on gate or make a hole in mesh fence, enter compound, nothing stolen.

- 1 x Criminal Law (Consolidation) (Scotland) Act 1995, S52 Vandalism (for damage to padlock or fence).

Example 9

Force padlock on gate or make hole in mesh fence or climb over fence, enter compound and steal property.

- 1 x Theft.

Example 10

Climb over fence, enter compound, nothing stolen.

- 1 x Civic Government (Scotland) Act 1982, S57 could be considered if person(s) seen/found and circumstances indicate theft intended.

Example 11

Force padlock, enter compound, break into portacabin used as an office, steal items including car keys and company owned vehicle parked outside.

- 1 x Theft by Housebreaking (other).

Example 12

Force padlock, enter compound, enter insecure office, steal items including car keys and company owned vehicle parked outside.

- 1 x Theft of Motor Vehicle

Example 13

Force padlock, enter compound, break into portacabin used as an office, steal items including car keys for vehicle privately owned by a member of staff, and use keys to steal vehicle.

- 1 x Theft by Housebreaking (other)

- 1 x Theft of Motor Vehicle. (there are 2 victims)

Example 14

Break into permanent caravan used for fast food and steal property.

- 1 x Theft by Housebreaking (other)

Example 15

Break padlock, enter compound, break into portacabin used as an office, steal items including car keys for vehicle privately owned by a member of staff, and use keys to steal vehicle.

- 1 Crime of Theft by Housebreaking (Other)

- 1 Crime of Theft of Motor Vehicle (2 victims).

Example 16

Force padlock, enter compound, break in to 5 containers used for storage and steal from within (all containers owned by same company).

- 1 x Theft by Opening Lockfast Place

Example 17

Force padlock, enter compound owned by 'A' and rented by 'B', break into portacabin used as an office by 'B' and steal property, break into storage container used by 'C' and steal from within.

- 1 x Theft by Housebreaking (other)

- 1 x Theft by Opening Lockfast Place (damage to padlock subsumed into Theft by Housebreaking as compound 'under custody/control' of 'B' at time)

Example 18

Police apprehend a suspect for breaking into two parking meters on the same street. Later same date, local authority report twenty parking meters have been broken into in the surrounding area and money stolen from same. Enquiry reveals a total of eighty eight meters were broken into over a period of four days. The suspect admits to being responsible.

- 1 x Theft by Opening Lockfast Place (whilst the crimes occurred over a period of days, all the property is owned by the same local authority and they were effectively made known around the same period of time. Any Open Lockfast Place with Intent and Attempts could be subsumed within the Theft by Opening Lockfast Place).

Note

There are various categories of Theft OLPs, which may include:

• Obtaining money or goods (fuel) by inserting stolen or counterfeit card and PIN number into ATM machine
• Forcing open lockfast internal room
• Forcing open lockfast till, safe or cash-box
• Breaking into non-static caravan
• Breaking into portacabin used for storage purposes

Theft by Opening Lockfast Place at ATMs will be recorded as one crime per account, e.g. ninety withdrawals at various ATMs from one account will result in one crime being recorded.

It is not Theft by Opening Lockfast Place to steal a locked receptacle (e.g. a safe) and subsequently remove the contents. In such a case, the relevant crime is Theft of the receptacle and its contents.

20/004 - Theft by Opening Lockfast Motor Vehicle

20/005 - Open Lockfast Motor Vehicle with Intent

20/006 - Attempted Open Lockfast Motor Vehicle with Intent

General Rule

One crime for each vehicle owner

Definition

Theft by opening lockfast places is committed whenever the security of the lockfast place is overcome and the contents stolen.

Victim/Complainer

Vehicle owner

Locus

Where crime takes place

Examples

Example 1

Smash car window and steal property.

- 1 x Theft by Opening Lockfast Motor Vehicle

Example 2

Force car door, rummage through glove compartment, nothing stolen, paint thrown over seats.

- 1 x Open Lockfast Motor Vehicle with Intent (vandalism subsumed)

Example 3

Remove rubber seal from car door, screwdriver marks on surround, no entry gained.

- 1 x Attempted Open Lockfast Motor Vehicle with Intent

Example 4

Force open storage container permanently attached to the rear of a flatbed lorry and steal property from within.

- 1 x Theft by Opening Lockfast Motor Vehicle

Example 5

Force open lockable roof rack on motor vehicle and steal property from within.

- 1 x Theft by Opening Lockfast Place (note this is not a Theft by Opening Lockfast Motor Vehicle as this item is not a permanent part of the vehicle).

Example 6

Force open locked fuel cap on vehicle, siphon fuel from tank and stealing.

- 1 x Theft by Opening Lockfast Motor Vehicle

Example 7

Fuel pipe on vehicle cut and fuel stolen.

- 1 x Theft by Opening Lockfast Motor Vehicle

Example 8

Open non-locking fuel cap on vehicle, and steal fuel from tank by siphoning

- 1 x Theft - Theft from a Vehicle Exterior

Example 9

Cut material covering side of articulated trailer, enter and steal property from within.

- 1 x Theft by Opening Lockfast Motor Vehicle if curtain side physically locked and trailer attached to a vehicle.

- 1 x Theft from Motor Vehicle if not physically locked (e.g. ropes only) and attached to a vehicle.

- 1 x Theft by Opening Lockfast Place (not Motor Vehicle) if curtain side physically locked but not attached to a vehicle.

- 1 x Theft if not physically locked (e.g. ropes only) and not attached to a vehicle.

31/004 - Proceeds of Crime Act 2002 Money Laundering

General Rule

See examples

Definition

Section 327

A person commits an offence if he:-

(a) conceals criminal property;

(b) disguises criminal property;

(c) converts criminal property;

(d) transfers criminal property;

(e) removes criminal property from England and Wales or from Scotland or from Northern Ireland.

Section 328

A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.

Section 329

A person commits an offence if he:-

(a) acquires criminal property

(b) uses criminal property

(c) has possession of criminal property

Section 330

Failure to Disclose – Regulated Sector

Section 331

Failure to Disclose – Nominated Officers in Regulated Sector

Section 332

Failure to Disclose – Other Nominated Officers

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

Example 1

Investigation into a crime of Fraud shows that ‘A’ whilst having no direct involvement into the commission of the fraud has permitted their bank account to be used as a ‘mule’ account to facilitate the transfer of funds.

- 1 x Proceeds of Crime Act 2002, S329

- 1 x Proceeds of Crime Act 2002, S327

Example 2

Investigation into a crime shows that ‘A’ has converted the monetary proceeds into foreign currency at numerous money exchange outlets.

- 1 x Proceeds of Crime Act 2002, S329

- 1 x Proceeds of Crime Act 2002, S327

Example 3

‘A’ receives illegal money into their account and thereafter attends at three currency exchange premises and converts the funds into Euros.

- 1 x Proceeds of Crime Act 2002, S329

- 1 x Proceeds of Crime Act 2002, S327

Example 4

‘A’ receives illegal money into their account.

- 1 x Proceeds of Crime Act 2002, S329

Note

Property is criminal property if-

(a) it constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and

(b) the alleged offender knows or suspects that it constitutes or represents such a benefit.

It is immaterial-

(a) who carried out the conduct;

(b) who benefited from it;

(c) whether the conduct occurred before or after the passing of this Act.

When identifying the locus the following should be considered in order,

• The Transaction Location
• Location of Extraction Point
• Address of Branch Where Account Held (if in Scotland)
• Home Address of Suspect

This offence is evidence based and therefore should only be recorded where there is sufficient evidence. Whilst Section 327 and 329 are broken down into various sub-sections, there is no requirement to record separate crimes for each sub section, for example only 1 x S327 would be recorded even although the circumstances amount to (c) convert and (d) transfer.

Process for dealing with multiple Beneficiary Accounts (Mules) under the Proceeds of Crime Act 2002

In instances where a crime of fraud has been reported and there are multiple beneficiary accounts identified, the process for effective investigation of these beneficiary frauds are as follows;

Victim Within Scotland

• Oversight should be retained by the division which is investigating the fraud.
• Where beneficiary accounts are identified outside of the holding division, a full package should be disseminated to the relevant divisions via their business support unit. This will enable the enquiry to be effectively tracked, allocated and the result fed back to the overseeing division.
• It is the responsibility of both the officer dealing with the fraud enquiry and those allocated the beneficiary to liaise appropriately with relevant updates to the status and outcome of their enquiries, to ensure effective reporting to COPFS.

Victim Outwith Scotland

• Where the victim of fraud is outwith Scotland, this should be reported by the victim via Action Fraud who will allocate it to the relevant force in England, Wales or Northern Ireland for investigation. If there are beneficiary accounts in Scotland Action Fraud may disseminate their report to Police Scotland for intelligence purposes only.
• The investigating force should contact Police Scotland for assistance in investigating the beneficiary account holders, and a full package should be provided for each instance.
• The division with the most instances of beneficiary accounts will retain oversight within Police Scotland. Each package should be disseminated to the relevant divisions via their business support unit. This will enable the enquiry to be effectively tracked, allocated and the result fed back to the enquiry officer investigating the fraud.
• Where there are the same number of beneficiary accounts across several divisions, the division with the earliest transaction will retain oversight, and liaise with the enquiry officer investigating the fraud.

23/000 - Reset

General Rule

One crime for each accused or group of accused if acting together

Definition

Any person, with intent to deprive the owner, receives and keeps property knowing that it has been appropriated by theft, robbery, embezzlement or fraud.

Complainer

Procurator Fiscal

Locus

Where accused found in possession of the property

Examples

Example 1

On searching the dwelling of ‘A’, ten items of property (credit card, mobile phone etc.) are identified as being the proceeds of a robbery. ‘A’ provides details of person who sold the items to them.

- 1 x Reset (expectation would be that 1 x Robbery would already be recorded).

Example 2

A house is searched on two different days over a space of a week and stolen property recovered on both occasions.

- 2 x Reset (expectation would be that crimes will already be recorded in respect of the initial Thefts)

Example 3

Two persons are found in possession of a stolen motor cycle in the street. On searching their flat a further stolen motor cycle is discovered. There is an expectation that crimes will already have been recorded for these thefts.

- 1 x Reset (with both accused acting together)

Note

A person, who accepts property in good faith and, subsequently, learns that it was dishonestly acquired, is guilty of reset if he continues to keep it.

A person cannot be reported for the theft and reset of the same articles.

If a person has taken possession of an article they know to have been stolen the previous day, they can be charged with the original crime (e.g. Theft). This would be in place of the crime of Reset.

Reset can only be committed by a person who was not party to the original appropriation. The receiving of property by a person who was so implicated does not constitute reset; such a person is art and part in the original crime.

It is not necessary to the conviction of the resetter that the thief should have been convicted or even discovered.

22/003 - Theft by Shoplifting

General Rule

One crime for each incident

Definition

Steal goods for sale, from an open display

Locus

Where crime takes place

Examples

Example 1

‘A’, ‘B’ and ‘C’, acting together, are stopped whilst leaving a shop and ‘A’ is found in possession of property from that shop which they had not paid for.

- 1 x Theft by Shoplifting (3 accused)

Example 2

‘A’ and ‘B’ enter a jewellers shop and ask to try on a ring. The jeweller hands the ring to ‘A’ to try and both ‘A’ and ‘B’ run out of the shop with the ring.

- 1 x Theft

Example 3

‘A’ steals property from a chemist and two separate newsagents.

- 3 x Theft by Shoplifting

Example 4

A report is received that a customer has used the self-scan checkout and payment has not been made because:

(a) The customer failed to attempt to make any payment, taking the goods

- 1 x Theft by Shoplifting

(b) The customer has removed their bank card prior to the sale being authorised and has taken the goods.

- 1 x Theft by Shoplifting (enquiry should be carried out to establish if this has been an oversight and if a genuine error is confirmed the recorded crime can be updated to 'No Crime').

(c) The customer has attempted to use a bank card which they left behind and has taken the goods. The card is identified as a cloned card.

- 1 x Theft by Shoplifting (as property has been taken).

- 1 x Attempted Fraud (Cheque, Plastic Card and Online Bank Accounts) (Due to the card being declined. While the cloned card has been recovered actual or attempted frauds by false representation take precedence over crimes of possessing articles for use in frauds).

Example 5

‘A’ is caught stealing property from a shop, the police are called and ‘A’ offers to attend at the bank to obtain money and pay for the goods, which the complainer is happy to accept.

- 1 x Theft by Shoplifting

Example 6

An anonymous member of the public informs security that someone has just placed items of clothing within a bag and points out the person responsible. On the person being approached, whilst still within the shop, they are found to be in possession of a shopping bag containing a number of items of clothing from the shop with the security tags removed.

- 1 x Theft by Shoplifting.

Example 7

A shop reports that a member of the public has reported to them having seen a person taking goods from the shelf and placing same within their bag, thereafter leaving the shop. No CCTV is available and the shop is unable to confirm if or what has been stolen.

- Record as an incident only as there is no confirmation of what, if anything, has been stolen.

Example 8

‘A’ enters shop, selects good from display and leaves the shop failing to pay. A short time later ‘A’ re-enters shop, selects further goods from display and leaves the shop again failing to pay.

- 2 x Theft by Shoplifting (two separate incidents)

Example 9

'A' enters a shop, selects three items from display, removes the tags from two and successfully obtains an exchange at the customer service desk. 'A' then walks out of the shop failing to pay for the third item.

- 1 x Fraud (Retail Fraud) (the theft is subsumed within the Fraud)

Example 10

'A' enters a shop, selects an item from display and walks out of the shop failing to pay for the item. 'A' later returns to the shop and attempts to obtain a refund or exchange for the stolen item.

- 1 x Theft by Shoplifting

- 1 x Attempted Fraud (Retail Fraud)

Example 11

Customer shopping in supermarket opts to use the self-scanning device while going round the shop placing items in their trolley. At the pay-point a spot check undertaken by staff confirms that the customer deliberately failed to scan numerous items.

- 1 x Theft by Shoplifting

Example 12

‘A’ enters shop and steals several mobile phones which are disabled models for display purposes.

- 1 x Theft by Shoplifting

Note

There must be sufficient evidence to confirm a theft has occurred in order to record a crime of shoplifting. It is not sufficient for someone to have been seen running from the premises without ascertaining that property has been stolen to record a crime.

Where a shop reports that property has been stolen over a period of time following a stock take, this should not be recorded unless there is proof of a crime having occurred.

22/001 - Theft (not elsewhere classified)

General Rule

One crime for each victim

Definition

Theft is the taking or appropriating of property without the consent of the rightful owner or other lawful authority. The taking must be with the felonious intent of depriving the owner of his property and appropriating it to the thief’s use: it is not theft to take property under a claim of right made in good faith or under the reasonable belief that the owner had granted his permission.

Complainer/Victim

Owner of Property

Locus

Where crime takes place

Family/Friends/Child Thefts

The attending/enquiry officer has to have a degree of discretion in these scenarios. It is difficult to stipulate in what circumstances a crime report should be raised.

The standard sets out to ensure a more victim orientated approach is taken to recording crime. An incident will be recorded as a crime if, on the balance of probability:

• the circumstances amount to a crime defined by Scots Law or an offence under statute, and
• there is no credible evidence to the contrary.

As far as Family/Friends thefts are concerned there is a balance to be struck between the above extracts from the SCRS Manual.

If the matter can be resolved fairly quickly with no serious resource implications for the police and the complainer is satisfied with the resolution, then no crime report should be raised. If this is a child of the complainer then the wishes of the complainer have to be taken into account and no crime report raised. The incident can be concluded by submission of a Vulnerable/Child/Person report. A degree of discretion should be permitted to the officer in these circumstances.

However there will be instances where the crime has been reported and it cannot be concluded rapidly and enquiry or police resources are required to trace the suspect and recover the property.

In these instances where there will be a requirement for the police to investigate, trace a suspect or make enquiry to trace the property then a crime report should be raised. Not only is this complying with the SCRS but also gives an audit trail of enquiry conducted.

If at the conclusion of this enquiry it can be shown that No Crime has taken place then the status should change. Otherwise the crime report should stand and any police report submitted should highlight that the complainer and suspect are related and that the complainer does not wish to pursue the matter further.

Wheelie Bin Thefts

Wheelie bins are no different from any other property with the exception that they can be uplifted by the council on refuse day.

If a bin is in place at one time and is not there at a subsequent time then it has been removed and stolen. A crime report should be raised for theft. A similar scenario to this is the theft or removal of pedal cycles which are left outside. Dependent on recovery of the property which may show that there was no felonious intent to deprive the owner of this property.

If, however, it is shown on enquiry that the bin had been placed out for the council uplift that day and had most likely been removed by the council, then this is not a theft. If this scenario is subsequently established after the creation of a crime report then the status should be updated to ‘No Crime’.

Hire Property

This will come to the attention of the police by the hire company telephoning the police to let them know that goods have not been returned at the end of a hire period.

It should be ascertained what enquiry the company have made themselves to recover the items. There is a duty on the company to make initial enquiry in order to ascertain whether the circumstances of non-return indicate a crime has occurred. If they are reporting the non-return of items after a specified loan period has elapsed and there is no reasonable explanation for the failure to return, then a crime has been committed.

It may be established at that stage that a Fraud has been committed, i.e. falsehood, false representation. This can quickly be established if false details have been provided. This should be recorded as Fraud and investigated.

A person may have provided the correct details but has failed to return the items. In this case the person has been granted loan or hire of the property for a limited period and for a specific purpose and has failed to return the goods after the date set. A theft has taken place and should be recorded as such on the crime system. It is not necessary that the specific purpose is stated.

If following enquiry it is established there is a genuine reason for the non-return of the property, then the crime should be updated to ‘No Crime’.

Thefts from Occupied Hotel Rooms

Points to consider when establishing whether a Theft or a Theft by Housebreaking has occurred:

• Was the door secured properly on occupier leaving e.g. did they check it was secure, was there a possibility that the door did not close properly.
• If a key card is used whether the opening/closing of the door has been recorded at the reception and how this links in with the timeline of the property going missing.
• The opportunity for access to be gained to the room and property stolen while door lying open when room being cleaned.
• The possibility that the person cleaning the room could be responsible.
• The possibility of the key/card having been lost, whether that be by the present or previous occupant and potential for it to be used to gain access.
• Potential for the door to be opened by other means e.g. faulty lock and by pushing same to allow access with no obvious signs of damage.

Theft of Fuel

All reports of thefts of fuel from filling stations will initially be recorded on an incident. The following should be considered when deciding to record a crime:

• Initial enquiries must be made with the registered keeper/driver in order that an assessment can be made as to whether a criminal act or not.
• If enquiry officer and informant are satisfied that a genuine mistake was made the incident can be closed as a non-crime provided the incident is updated to confirm that payment was made and rationale is provided as to why the matter is considered to have been a genuine mistake.
• If criminality is suspected a crime report must be raised and processed accordingly.

Common Theft of Fuel MOs:

• Obtains fuel, False/No plates on vehicle and drives off – circumstances indicate a crime has occurred and a Theft should be recorded.
• Obtains fuel and drives off (sometimes unknown whether genuine oversight or not) - Enquiry requires to be made with the registered keeper/driver of the vehicle and where they clearly demonstrate that there was an oversight and nothing evident to indicate intention to commit a crime then this must be detailed in the incident/crime report and can be marked ‘No Crime’.
• Driver obtains fuel, enters shop, pays for other items but not fuel (sometimes unknown whether genuine oversight or not) - Enquiry requires to be made with the registered keeper/driver of the vehicle and where they clearly demonstrate that there was an oversight and nothing evident to indicate intention to commit a crime then this must be detailed in the incident/crime report and can be marked ‘No Crime’.
• Obtains fuel, enters shop and established no means to pay and signs form agreeing to return and pay - the garage have an initial responsibility to make enquiry with the individual to ascertain if they intend to return and pay in order to assess criminal intent. Where enquiry has been carried out by the garage which indicates it is reasonable to conclude the individual does not intend to return and pay then a crime should be recorded. It should be noted that by signing a form does not automatically result in this being a civil matter.

Theft in Transit

All reports of Theft in Transit (other than by air or sea) will be recorded as a crime at the point of departure unless there is evidence the theft occurred at a specific location.

Thefts from overhead lockers e.g. aeroplane, should be recorded where it can be evidenced the theft occurred e.g. where on arrival at destination property left in an overhead locker is forgotten and not handed in as lost property should be considered as a Theft at point of arrival.

Theft of Mobile Phones

All reports of Theft of mobile telephones will be recorded as a crime where an inference of criminality is made by the victim and there is no credible evidence to the contrary. It is seen as good practice for the victim to provide the telephone's IMEI number but if this is not provided it must not delay the creation of a crime report.

Examples

Example 1

An elderly person drives off from petrol station without paying, attendant contacts police to report this and states in conversation that it is most likely an oversight.

- 1 x Theft (although this may be an oversight, it has still not been confirmed, therefore must be recorded as a crime).

Example 2

‘A’ fills up vehicle with fuel and claims to have forgotten their wallet. An arrangement is made to return the next day to pay for the fuel and a name and address are left. ‘A’ fails to return and enquiry reveals a false name and address has been provided.

- 1 x Fraud (Retail Fraud)

Example 3

Insert stolen card in fuel pump which does not require PIN and withdraw fuel.

- 2 x Theft (the lack of PIN security (key) removes OLP element)

Example 4

On twelve occasions over a three week period a shop assistant rings smaller amounts of money for purchases through the till, following each transaction they remove the difference and steals same.

- 1 x Theft (depending on the circumstances this may be classed as a fraudulent scheme)

Example 5

‘A’ removes and places their rings on sink whilst washing hands within staff toilet area, on returning a short time later finds the property no longer there. Enquiry establishes no property has been handed in.

- 1 x Theft (this should not be recorded as Lost Property)

Example 6

Enter sports centre and stealing property from five jackets owned by different victims.

- 5 x Theft

Example 7

A flat is rented to tenants and on their departure the owner discovers property missing.

- 1 x Theft (on occasions this may be a civil matter dependant on the inventory, tenancy agreement terms, individual circumstances and the type of property involved, e.g. it items are subject to wear and tear. If a crime of Theft is not being recorded full rationale for this decision must be recorded in the incident log).

Example 8

Twenty friends regularly give money to ‘A’, who in turn bets on horses on their behalf. ‘A’ steals the money, failing to place any bets and failing to return the monies.

- 1 x Theft (the monies are treated as being 'joint ownership')

Example 9

Enter tent on camp site, secured by padlock, by cutting material and property belonging to two persons stolen.

- 2 x Theft (the tent is not considered to be a lockfast place or a dwelling)

Example 10

Climb over fence, enter compound and steal items.

- 1 x Theft

Example 11

Carer working in individual’s house uses the telephone to phone high tariff lines. They run up a very large telephone bill, which only comes to light when the phone bill is received.

- 1 x Communications Act 2003, S125

Example 12

A customer conceals themselves in the toilets of a public house and on closure of premises, alights and steals property from behind the bar area, exiting via the fire escape door.

- 1 x Theft

Example 13

Enter dwelling house via insecure front door and steal property belonging to four different family members.

- 1 x Theft

Example 14

Enter unlocked house and steal personal property belonging to various family members and a guest who is living there overnight.

- 1 x Theft (while there are several victims involved this is essentially a Theft from the household which temporarily includes the guest. Similarly, any stolen property which has been borrowed by the occupants of the house would be deemed to be the property of the household).

Example 15

Enter unlocked office premises and steal personal property belonging to four employees as well as property belonging to the business itself.

- 5 x Theft (this differs from the household type scenario where it is clear that the property taken from a public workplace is separately owned).

Example 16

‘A’ steals property and sells same to ‘B’ who is a pawnbroker.

- 1 x Theft (‘A’ selling the property to ‘B’ amounts to the disposal of stolen goods and is not a separate crime. If there was insufficient evidence to confirm that ‘A’ had committed the Theft then Reset may be applicable).

Example 17

Enter unlocked rear door of pharmacy and steal controlled drugs. Suspect is apprehended by police a short distance away while still in possession of the controlled drugs.

- 1 x Theft (in these circumstances there is no requirement to record possession of controlled drugs as this is the proceeds of the Theft. If the suspect was traced in possession of controlled drugs at a later date offences under Misuse of Drugs Act 1971 could be considered).

Example 18

A birthday card is posted at locus ‘A’ which contains £20 therein, the envelope being sealed when sending. On arrival at locus ‘B’ the envelope has been cut open and the £20 is missing.

- 1 x Theft should be recorded at locus ‘A’.

Example 19

‘A’, a family member, has power of attorney for ‘B’ and has full control of their finances. ‘A’ transfers monies from various accounts of ‘B’ into their own account with no justification for doing so.

- 1 x Embezzlement (Abuse of Position of Trust) (depending on individual circumstances re the extent of control of finances, theft or fraud can be alternative outcomes).

Example 20

Ten work colleagues give money to ‘A’ who has agreed to book a Christmas lunch. While enquiry has been made with an agreed restaurant and menus provided to the attendees, the lunch is not booked and ‘A’ fails to return the monies.

- 1 x Crime of Theft (the monies are treated as being collective in this example and there is nothing to suggest the suspect set up a Fraudulent Scheme to obtain the monies).

Example 21

Enter unlocked hotel room, steal property belonging to the hotel and two work colleagues who are occupying the room.

- 1 x Theft (the room is treated as a household)

Example 22

'A' reports their wallet having been lost from their unzipped jacket pocket somewhere within the town centre, at which time lost property details are noted. ‘A’ re-contacts Police several days later to advise that their bank card, which had been within the wallet, had been used at several locations in the town centre using the ‘contactless’ facility after it had been lost and provided details of these transactions.

- 1 x Theft by Finding

- 1 x Fraud (Cheque, Plastic Card and Online Bank Accounts) - for use of card

Example 23

Drive off from petrol station, fail to pay for fuel, vehicle established to have false number plates.

- 1 x Theft

- 1 x Vehicle Excise and Registration Act 1994, S44 - Fraud

Example 24

Building site operated by ‘A’ is entered and items of plant hired by ‘A’ from ‘B’, ‘C’ and ‘D’ are stolen.

- 3 x Theft (victims are ‘B’, ‘C’ and ‘D’)

Example 25

A shop assistant whilst working in a shop at the checkout area steals lottery scratch cards and attends at a different shop to collect any winnings from same.

- 1 x Theft

- 1 x Fraud (locus being where lottery card winnings obtained)

Note

This crime type could encompass concealment, pickpocket, finding, bag snatch, sneak/slip in, till snatch, fail to return hired property and petrol station drive off.

In circumstances where fuel has been obtained by inserting stolen fuel card/credit card (no PIN required) in petrol pump machine this will be recorded as Theft.

The reported loss of a mobile telephone or other property must be accompanied by an assertion of criminality before a crime report is raised.

Where a report is received that someone has driven off from a petrol station and failed to pay for fuel, the circumstances of which indicate it has most likely been an oversight, should initial enquiry fail to confirm this, a crime report should be recorded until enquiry establishes whether there had been any intention to deprive. Consideration will be given to updating the crime report to ‘No Crime’ only where the circumstances clearly indicate there has been no intention to deprive.

22/005 - Theft from Motor Vehicle

General Rule

One crime for each vehicle owner

Definition

Stealing from a motor vehicle

Victim/Complainer

Vehicle owner

Locus

Location of vehicle at time of crime

Examples

Example 1

Enter insecure vehicle and remove property from the glove compartment, leaving same lying on the seat.

- 1 x Theft from Motor Vehicle

Example 2

Enter insecure vehicle, steal property from within and smash all vehicle lights.

- 1 x Theft from Motor Vehicle (the vandalism will be subsumed within the Theft from Motor Vehicle).

Example 3

Steal two wheels and roof rack from a vehicle overnight.

- 1 x Theft – Theft from a Vehicle (exterior) – see Note

Example 4

Enter insecure vehicle, remove cowling from under the steering wheel, leaving a number of wires disconnected and steal property from vehicle.

- 1 x Theft from Motor Vehicle (Attempted Theft of Motor Vehicle should be subsumed within the Theft as the Theft is the substantive crime).

Example 5

Enter vehicle by unknown means, steal property from within. Victim is adamant that the vehicle was secure, there are no signs of forced entry.

- 1 x Theft from Motor Vehicle (where additional information confirms that a special tool or other form of technology was used to overcome the security of the vehicle the crime should be amended to that of Theft by Opening Lockfast Motor Vehicle).

Example 6

‘A’ is seen on CCTV to enter a vehicle and steal property. Police attend and apprehend ‘A’ who is found in possession of a device which is found to unlock vehicles. The owner of the vehicle advises they locked their vehicle.

- 1 x Theft by Opening Lockfast Motor Vehicle (as it has been ascertained that a device has been used to gain entry).

Note

Where an insecure vehicle is entered and property stolen from within a crime of Theft from Motor Vehicle should be recorded.

Where the Theft is from the exterior of a motor vehicle a crime of Theft (with a ‘Theft from a Vehicle (Exterior)’ offence modifier) should be recorded.

There is no ISCJIS charge code for Attempted Theft from a Motor Vehicle. In these circumstances a crime of Attempted Theft (with a Theft from a Vehicle offence modifier) should be recorded.

22/002 - Theft of Motor Vehicle (including Taking and Driving Away)

22/006 - Attempted Theft of Motor Vehicle

General Rule

One crime for each vehicle owner

Definition

Common Law

Taking and driving away a motor vehicle (or attempt to) without having either the consent of the owner or other lawful authority, with the intention to permanently deprive the owner.

Road Traffic Act 1988, S178 Taking and Driving Away

Taking and driving away should be used in instances where there is no intention to permanently deprive the owner of the vehicle (e.g. joy riding).

Motor Vehicle

For the purpose of this crime type the following will be classed as a motor vehicle whether used on the road or not:

• Quad bike, off road trail bike, mini moto, fork lift truck, wheeled digger/excavator, dump truck, agricultural tractor.

For the purpose of this crime type the following will not be classed as a motor vehicle whether used on the road or not:

• Segway, go-ped, children's motorised scooter, Motability scooter, golf buggy, sit-on grass cutter, trailer drawn by motor vehicle, go-kart.

Victim

Vehicle Owner

Locus

Where crime takes place

Examples

Example 1

Steal keys from jacket pocket hanging on chair in public house, thereafter use keys to steal vehicle parked outside on roadway.

- 1 x Theft of Motor Vehicle

Example 2

Enter insecure dwelling and steal car keys from table, steal vehicle from driveway.

- 1 x Theft of Motor Vehicle

Example 3

Steal two vehicles owned by different owners from same locus, over the same period of time.

- 2 x Theft of Motor Vehicle

Example 4

Steal vehicle which is later found abandoned and property stolen from within.

- 1 x Theft of Motor Vehicle

Example 5

Steal vehicle from Locus ‘A’ and seven days later vehicle recovered burnt out at Locus ‘B’. A person is traced who admits to buying vehicle from an unnamed person and to setting it on fire but denies stealing the vehicle.

- 1 x Theft of Motor Vehicle (undetected)

- 1 x Reset (detected) (Fire-raising is subsumed within Reset)

Example 6

Force open metal box containing vehicle keys located outside hire company premises, remove keys and steal vehicle parked on roadway using true key.

- 1 x Theft by Opening Lockfast Place (the Theft of Motor Vehicle is subsumed)

Example 7

Enter insecure dwelling, steal keys for motor vehicle, force open safe and steal £20,000 and steal motor vehicle parked outside using true key. Vehicle is valued at £4,000.

- 1 x Theft by Opening Lockfast Place (in this example the relative values of the property taken weigh in favour of the theft from the safe).

Example 8

Break into motor vehicle and steal property. Indications are that the handbrake had been released resulting in the vehicle rolling forward and coming to rest on a bollard causing no damage.

- 1 x Theft by Opening Lockfast Motor Vehicle (had the vehicle been allowed to travel some distance a crime of Culpable and Reckless Conduct may also be considered).

Example 9

Enter insecure cab of van, releasing handbrake in order to move it forward away from the wall, attempt to force open rear doors without success.

- 1 x Attempted Open Lockfast Motor Vehicle with Intent (the moving of the vehicle forward indicates this was to allow access to the rear of the vehicle and not an attempt to steal).

Example 10

'A' takes out a hire purchase agreement for a vehicle and makes two payments before ceasing payments. Enquiry by the finance company (or representatives) reveals 'A' has moved out of their address, the contact number held is no longer available and the vehicle has been taken abroad, there being nothing to indicate their intention to return the vehicle.

- 1 x Theft of Motor Vehicle

Example 11

Smash car window and remove cowling in an unsuccessful attempt to drive vehicle away.

- 1 x Attempted Theft of Motor Vehicle

Example 12

Break into vehicle, try to steal vehicle and thereafter steal property from within.

- 1 x Theft by Opening Lockfast Place Motor Vehicle (details of Attempted Theft of Motor Vehicle subsumed within MO).

Example 13

Attempt to steal five vehicles parked in garage forecourt.

(a) All owned by garage.

- 1 x Attempted Theft of Motor Vehicle

(b) Three vehicles owned by different individuals, two owned by the garage.

- 4 x Attempted Theft of Motor Vehicle

Example 14

Attempt to steal two vehicles parked in driveway, one owned by householder and the other being a company vehicle.

- 2 x Attempted Theft of Motor Vehicle

Note

In cases where a stolen vehicle is recovered burnt out a crime report for Theft of Motor Vehicle should be raised. If there is evidence that a different person(s) was responsible for the fire-raising a further crime report for Fire-raising will be recorded.

S178(1)(a) of the Road Traffic Act, 1988 creates the statutory offence of taking and driving a motor vehicle without the consent of the owner or other lawful authority and should generally only be recorded when the culprit is known, such as a family member taking the vehicle without permission or an employee using a company vehicle without permission.

In circumstances where a vehicle has been taken and not recovered, taken and left abandoned, taken and set on fire, or taken and stored elsewhere, all of which suggest a clear intention to deprive the owner of their property, a Theft of Motor Vehicle should be recorded.

Similarly, attempts made to steal motor vehicles should always be recorded as Attempted Theft of Motor Vehicle unless it is clear that there was no intent to deprive the owner.

Where an article is obtained on hire-purchase on the condition that the right of property is not transferred until payment of the last instalment of the price, it is theft if the article is appropriated immediately, or soon after, it is received. But where the article is not appropriated until a considerable time has elapsed and a considerable part of the price has been paid, the crime is embezzlement.

22/004 - Theft Pedal Cycle

General Rule

One crime for each owner

Definition

Stealing a Pedal Cycle

Victim/Complainer

Owner of the property

Locus

Where crime takes place

Examples

Example 1

Steal pedal cycle from common stair belonging to a student.

- 1 x Theft Pedal Cycle

Later that same day the student finds their pedal cycle has been returned to the common stair undamaged and is of the opinion that one of the other students had borrowed the pedal cycle.

- Update the initial Crime Report to ‘No Crime’ as there has been no criminal intent.

Example 2

Steal pedal cycle from garden.

- 1 x Theft Pedal Cycle

Example 3

Enter an insecure shed and steal three pedal cycles owned by three members of the same family.

- 1 x Theft Pedal Cycle (whilst indoors considered to be a theft from the household)

Example 4

Steal three pedal cycles secured to a cycle rack, which is located under an open-sided plastic canopy, all owned by different complainers.

- 3 x Theft Pedal Cycle

Example 5

Steal two pedal cycles separately owned by 'A' and 'B' who are adults from the same household whilst left unattended in the garden outside their home.

- 2 x Theft Pedal Cycle

Note

Where a pedal cycle reported stolen is recovered within a short period of time nearby and the circumstances suggest there was no intent to deprive, consideration will be given to reclassify the crime to ‘No Crime’. It must be noted, however, each circumstance must be assessed on an individual basis e.g. where a pedal cycle is reported stolen from a garden and recovered intact later same day some distance away, this should remain recorded as a crime.

25/000 - Trade Marks Act 1994, Section 92

General Rule

One crime for each seizure

Definition

Section 92

(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor -

(a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or

(b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or

(c) has in his possession, custody or control in the course of a business any such goods with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).

(2) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor -

(a) applies a sign identical to, or likely to be mistaken for, a registered trade mark to material intended to be used -

(i) for labelling or packaging goods,

(ii) as a business paper in relation to goods, or

(iii) for advertising goods, or

(b) uses in the course of a business material bearing such a sign for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or

(c) has in his possession, custody or control in the course of a business any such material with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).

(3) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor -

(a) makes an article specifically designed or adapted for making copies of a sign identical to, or likely to be mistaken for, a registered trade mark, or

(b) has such an article in his possession, custody or control in the course of a business, knowing or having reason to believe that it has been, or is to be, used to produce goods, or material for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods.

(4) A person does not commit an offence under this section unless -

(a) the goods are goods in respect of which the trade mark is registered, or

(b) the trade mark has a reputation in the United Kingdom and the use of the sign takes or would take unfair advantage of, or is or would be detrimental to, the distinctive character or the repute of the trade mark.

Complainer

Procurator Fiscal

Locus

Where crime takes place

Example

Example 1

Person is found in possession of a quantity of digital versatile discs and compact discs with music content with a view to selling, distributing or letting for hire such property bearing a sign identical to that of a registered trademark.

- 1 x Trade Marks Act 1994, S92 (1) (c)

- 1 x Copyright Designs Patents 1988, S107 (1) (d)

- 1 x Copyright Designs Patents 1988, S107 (1) (c)

- 1 x Copyright Designs Patents 1988, S107 (1) (a)

Note

In the majority of cases this offence will be libelled along with Copyright Designs Patent Act 1988 which will follow the same counting rule.

No matter how many Trade Mark companies are noted on the items, only 1 crime will be recorded with the Procurator Fiscal as the complainer and the companies/representatives as witnesses for each incident.

Vehicle Excise and Registration Act 1994, Section 44 – Fraud and Forgery

25/000 - Fraud

26/000 - Forgery

General Rule

One crime for each vehicle/document involved

Definition

Section 44

(1) A person is guilty of an offence if he forges, fraudulently alters, fraudulently uses, fraudulently lends or fraudulently allows to be used by another person anything to which subsection (2) applies.

(2) This subsection applies to—

a registration mark,

a registration document, and

a trade plate (including a replacement trade plate).

Complainer

Procurator Fiscal

Locus

Where displayed or presented

Examples

Example 1

Police discover two vehicles owned by the same person displaying false registration plates. The owner admitted to altering both plates.

- 2 x Vehicle Excise and Registration Act, S44 Fraud

Example 2

Alter registration document and present as genuine to obtain ownership

- 1 x Vehicle Excise and Registration Act 1994, S44 Forgery

Example 3

Vehicle drives off from petrol station, failing to pay for fuel, vehicle is established to have false number plates.

- 1 x Theft

- 1 x Vehicle Excise and Registration Act 1994, S44 Fraud

Example 4

A vehicle is reported as having been abandoned and enquiry establishes it is bearing false number plates, enquiry fails to trace the ‘owner’/’driver’ of the vehicle or to link the number plates to any other offence.

- No requirement to record a crime report in this instance unless owner/driver identified.

Example 5

‘A’ reports to police in Scotland that they have received a speeding notice from a Force in England however they have never been at that locus and therefore suspects someone has cloned their number plate.

- No requirement to record a crime report in this instance as any locus would not be in Scotland. (see note below)

Example 6

‘A’ reports to police in Scotland that they have received a speeding notice, the locus being in Scotland. ‘A’ states they have never been at the locus and suspects someone has cloned their number plate.

- No requirement to record a crime report unless enquiry concludes that a cloned plate has indeed been used. (The individual should respond to the notice disputing same providing the relevant evidence. See note below).

Note

Cloned Plates - Police Enforcement Camera Offences

Offences relating to fixed penalty notices e.g. fail comply with traffic lights, speeding, issued by a UK Police Force - the Complainer should be advised to conduct any dispute with the force where the incident occurred, if reporting it elsewhere. If they can provide proof that they have been the victim of cloning, the prosecuting force (i.e. where the crime occurred) should undertake due diligence checks. This may include requesting another force to investigate.