Quote:
Originally Posted by TheDon
There is no deception involved in hooking up an illegal receiver.
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Yes, there is. Just to make it easy for
you:
Quote:
Fraud Act 2006, Section 11
11 Obtaining services dishonestly
(1) A person is guilty of an offence under this section if he obtains services for
himself or another—
(a) by a dishonest act, and
(b) in breach of subsection (2).
(2) A person obtains services in breach of this subsection if—
(a) they are made available on the basis that payment has been, is being or
will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in
respect of them or without payment having been made in full, and
(c) when he obtains them, he knows—
(i) that they are being made available on the basis described in
paragraph (a), or
(ii) that they might be,
but intends that payment will not be made, or will not be made in full.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine (or to both).
Available in full at http://www.opsi.gov.uk/ACTS/acts2006...0060035_en.pdf
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And, for the avoidance of doubt, some guidance on the above from our good friends at the CPS, with emphasis added by me:
Quote:
Section 11 will cover circumstances where the Defendant:
- obtains chargeable data or software over the internet without paying;
- orders a meal in a restaurant knowing he has no means to pay;
- attaches a decoder to his TV to enable him to access chargeable satellite services without paying;
- uses the services of a members' club without paying and without being a member.
http://www.cps.gov.uk/legal/d_to_g/fraud_act/#a32
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Given that the above is guidance, and not a complete re-statement of the law, I think it is safe for us to assume that the paragraph I have bolded can be taken to apply to chargeable cable services also.
Perhaps you are getting yourself confused because you are arguing about the way the CPS prosecutes people who
manufacture, import or distribute modified receivers?
On the other hand, had you paused for breath before wading in, you might have spotted that FreeCableFor8Yrs was bragging about his
personal use of a box and that both Stuart and I responded to him on that basis.
The chunk of CPS guidance you helpfully quoted is very clearly
not discussing crimes related to personal use.