One to test the Deception experts.

[Abdulmajid]

A man walks on to a busy rush hour train with a walking stick and a spastic leg. He is completely making the disability up.

He is completely peeved off at paying 4000 pounds per year for a season ticket but never having a seat on the train for his 1hr journey.

When he enters the train he merely points at the window sticker which says words to the effect of

"Please give your seat to the elderly, pregnant women, or those less able to stand"

A man gets out of the seat and the actor sits down in it.

Any offences?

Thank you.

[Buenchico]

I thought that you were one of the legal experts around here, Wardy, so I'm surprised you need to ask ;-)

Deceiving someone isn't, per se, an offence. (If it was, there probably wouldn't be any couples who could ever have a relationship without fear of arrest!).

Initially, Section 2 of the Fraud Act 2006 (fraud by false representation) looks a promising avenue for providing possible grounds for prosecution:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=fraud+act&Year=2006& searchEnacted=0&extentMatchOnly=0&confersPower =0&blanketAmendment=0&sortAlpha=0&TYPE=QS&Page Number=1&NavFrom=0&parentActiveTextDocId=29224 56&ActiveTextDocId=2922461&filesize=2772
but this is nullified by the provisions of Section 5, which make it clear that the 'gain' must be financial:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=fraud+act&Year=2006& searchEnacted=0&extentMatchOnly=0&confersPower =0&blanketAmendment=0&sortAlpha=0&TYPE=QS&Page Number=1&NavFrom=0&parentActiveTextDocId=29224 56&ActiveTextDocId=2922464&filesize=2353

Similarly, Section 11 (obtaining services dishonestly) only refers to offences where payment for those services is involved:
20:25 Sat 13th Sep 2008

[Buenchico]

http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=fraud+act&Year=2006& searchEnacted=0&extentMatchOnly=0&confersPower =0&blanketAmendment=0&sortAlpha=0&TYPE=QS&Page Number=1&NavFrom=0&parentActiveTextDocId=29224 56&ActiveTextDocId=2922471&filesize=2926

I very much doubt whether the police or CPS could find any valid grounds for prosecution but, having worked alongside BTP officers for several years, I'd be prepared to guarantee that they could find a way to make the actor very uncomfortable ;-)

Chris

[Eve]

Interesting question!

It's a very interesting experience seeing how disabled people are treated.

I've done a lot of work with the disabled and through training and more incidental means (one gentleman I helped look after loved to push people in wheelchairs) you get a very interesting perspective.

I often wonder about those less obviously in need. When my arthritis is bad I often crave a sit down but being young I'd never naturally be offered a seat and would be too embarassed to ask.

[Postdog]

What did he do with his real leg then?