intercepted cheque

[iancaunce]

A private cheque made out in my name has been intercepted by a third party and witheld for longer than 6 months, therefore making it impossible for me to present to the bank. Has a crime been committed?

[ummmm]

How and who intercepted it?

Can't you get the payer to rewrite the cheque?

[Barmaid]

Technically it's theft. Not of the money, but of the bit of paper the cheque was written on.

[jake-the-peg]

I think you'd have to show intent to permanently deprive for it to be theft wouldn't you Barmaid?

[jackthehat]

There is a bit of a grey area with the phrase 'to permanently deprive'; where such an action although not intended 'to permanently deprive', i.e. they are holding on to the cheque for a 'temporary period' with the intent to restore it at later date of their own convenience, causes harm in the same manner as it would if it had been their intention 'to permanently deprive'.

[ummmm]

Isn't there a time limit on cashing cheques?

[fredpuli47]

Parliament thought of that,jJack, and tried to deal with it, in providing that a borrowing is to be construed as intent to permanently deprive if it is for a period or in circumstances making it equivalent to an outright disposal, though the borrower did not mean to permanently deprive when he appropriated the property (s6 (1) ).
Curiously, when a person dishonestly takes a cheque, belonging to another, meaning to present it for payment it is not theft of the cheque form because, on presentation, it would be returned to the drawer by the bank : R v Preddy and Slade, R v Dhillon [1966] A.C. 815 H.L. ( House of Lords) That's the kind of decision which mystifies laymen !