- May 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Legal Situation: Friends Found and Used Debit Card
Two teenagers, aged 16 and 17, reportedly found a debit card on the floor while walking around and proceeded to spend approximately £100 at various shops using it. This raises questions regarding their potential legal liability for their actions.
## Potential Consequences if Caught
If caught, the teenagers could face legal consequences for their actions. Depending on the specific circumstances and evidence, they could potentially be charged with theft, fraud, or related offenses. Being minors, they may be subject to the juvenile justice system, which could involve penalties such as fines, community service, or even a period of probation.
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****** just grabbed a
They may be convicted of fraud.
NAL but if the card holder wanted they could obtain details of where their card was used and at what times, give this info to the police and police could look over CCTV footage of transaction and find out who used the card. Your friends are criminals.
Legally, they committed fraud and theft.
Realistically, the victim’s bank will refund the difference, assuming it’s reported to them by the victim.
Would it be possible to figure out who used the card? Yes. In fact it would be trivial – all it would take is an inquisitive police detective after receiving the case.
Is it likely that the police will pursue it? Difficult to say. It depends on whether it’s reported by the victim to the police, and whether the police take an interest (sometimes they don’t if they feel that the material loss (stolen money) has been repaid to the victim (in this case, potentially by the bank, if they reported it to them).
Your friends _might_ not have to deal with police turning up at their door – but they _will_ have to spend the rest of their lives wondering if it may happen.
They committed a crime. They knew what they were doing was wrong (presumably). Whilst the offences they committed weren’t “serious”, they aren’t exactly not-serious.
If I were you, I’d keep my distance – or, at least; try to be the voice of reason as to why they shouldn’t continue down this path.
Keep your nose clean! Don’t get caught up in stuff like this. The inside of a police cell is boring and inescapable. Trust me.
Your friends have knowingly and dishonestly made a false representation (using a stranger’s debit card as their own) for their own advantage (making purchases), so they have committed fraud as defined under the Fraud Act 2006.
The maximum penalty for this offence is 12 months’ imprisonment on summary conviction (magistrates’ court), or 10 years’ imprisonment on indictment (Crown court).
Practically speaking, it is unlikely that the Police will do anything about £100 in fraudulent debit card charges. The card will likely be frozen when the cardholder discovers that it is missing, with no further action taken beyond an internal investigation by the bank and maybe a crime reference number being generated.
If your friends are caught, they are unlikely to be imprisoned at all due to their age, especially for a first offence. They might face a lesser penalty such as a fine or a Community Order.
These folks aren’t your friends.
Do yourself a big favor and get some new pals as you don’t want to be caught with them when they’re doing stupid things like this.
Can tell you first hand….
Lost my card. 5 transactions were made totalling £110. I went to each shop and found the coop record self checkout transactions.
Went to police with bank statement, time of transactions, and amount.
Coop used that to get the footage of the person making the transaction.
Police office identified the person….if they hadn’t, it would have gone on there. Facebook “do you know this person” .
The person who committed offence received a fine of around £200…no other repercussions. I didn’t have to attend court.
Police were hesitant to pursue at first.
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They could be prosecuted for theft/fraud.
The punishment itself would be trivial – probably a fine. The absolute kicker, would be the criminal record, and the subsequent effect on their job prospects.
It’s a dumb thing to do. If you want to help them, advise them to not do things like this again, and pray the police don’t investigate & check security camera footage.
Your friends are not only criminals, they are shitty people. That could be a single parent who needed to buy food for their kid. It could have been an old person’s heating bill money. Even a homeless person’s last £100.
Fuck your friends. If you’re even slightly a decent person, you’ll make them return that money.
If you do nothing about it then fuck you too.
They’re stealing at worst and committing fraud at the least.
Oh boy. That was a VERY dumb decision. They would be arrested and charged with fraud and or theft. They’re going to need solicitors because though fraud is “white collar” crime it’s taken VERY seriously in court. It’s not a victimless crime and using the card once will suggest to prosecutors that they might do it again if they found another lost debit card.
Fraud and theft and they could be prosecuted for that. Anywhere from a fine to community order to prison. Depends on how they obtained the card, how many times they went to the shops and did that happen over a course of time and harm to the victim. There is also the fact they willing used it as a group doesn’t help at all.
If they dispose of the card or any evidence, you’ve got an aggravating feature and it might be other offences such as perverting the course of justice. All of those other offences are really serious and most starting points have prison, even the lower level.
Anyway, they should know that they are doing is wrong and at the very least it’s stealing. There’s behaviour lessons in school and fundamental British Values are taught through SMSC in all school since 2014. SMSC are taught in maintained schools since the early 2000s. So there isn’t a lot of excuses for their behaviour.
Don’t hang around them because you might get caught with joint enterprise and that means you can be charged, prosecuted and sentenced for their crimes.
Hi, yes, people do go down for this more often than people think. Particularly when police and fraud ops want to make an example out of people (I have worked within fraud ops & intelligence).
I would advise them to prepare for if and when they are called forwards mentally and at the very least and I would distance yourself from these guys.
I would expect that a charge for a 16/17year old (non vulnerable) person committing this type of offence will receive a slap on the wrist, short term, in a young offenders institution as a lesson for up to 6 months.
More often than not however the reoffending rate for minors who have been to YOIs is very high across the UK so aforementioned, distance yourself
I would strongly suggest you speak to your friends about returning the money and the card. Fraud and theft is a crime obviously, and whilst they may not serve any time, it will be on their permanent records.
Best case, the owner thanks them for their honesty and forgets everything.
We all have been kids once, and a lot of us have done petty theft, but they are at an age where they can and will be prosecuted if they’ve pissed off the wrong people. They can potentially get banning orders from places too.
Theft by finding and fraud.
They have committed fraud and it’s going to be very easy to find times of transactions and watch cctv.
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Luckily most shops have cctv! Personally you wouldn’t want a criminal record or to remain an eternal juvenile!
its theft and possible fraud so they will be charged for theft/fraud for each purchase
Would it help them if they handed themselves in before they were caught?
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Fraud charges. If it’s a first offence they may be diverted away from court or if convicted are eligible to have records purged when they turn 18
HOWEVER once past that point, court and an indelible criminal record are a certainty
The surprising thing is the number of times such people avoid charges and end up as career criminals between conviction 1 & 2, even though police are frequently aware of their activities
Despite comments about the cardholder pressing charges or not, it’s the BANK’S decision whether to do this or not and they almost always pursue it due to the common “under the radar” aspects of offending (ie: “friends” who use a “found” card to commit fraud don’t just do that out of the blue and tend to already have a history of petty crime)
OP needs to “find new friends” and disassociate with the existing ones as much as possible
Arrested detained card owner contacted they get sued fined and maybe community service
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