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Asked to leave collateral behind me in a retail outlet

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  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Tayla wrote: »

    My main point in this thread is that the shopkeepers legally cannot make you stay there and so it's not off topic at all.
    I wouldn't be so sure.

    CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT, 2001

    Making off without payment.

    8.—(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.

    (2) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law or where the service done is such that payment is not legally enforceable.

    (3) Subject to subsections (5) and (6), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an offence under this section.


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Jo King wrote: »
    I wouldn't be so sure.

    CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT, 2001

    Making off without payment.

    8.—(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.

    (2) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law or where the service done is such that payment is not legally enforceable.

    (3) Subject to subsections (5) and (6), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an offence under this section.

    Indeed, but in this situation the OP is not taking about being dishonest and trying to avoid payment, he's taking about fully intending to pay but unable to do so in the form accepted by the retailer (i.e. legal tender). There is no offence if you fully intend to pay, but on the other hand if you give the retailer "reasonable cause" to think you're dodging payment then you can be arrested.


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