Law Commons^™

Both Giving And Taking: Should Misuse Of Atms And Electronic Payment Systems Be Theft, Fraud Or Neither?, Alex Steel

Alex Steel

Although transactions via automatic teller machines and other computerised cash payment systems are now very widespread the criminal law relating to their misuse remains confused. Unauthorised withdrawals can be prosecuted as both theft and fraud. By contrast, similar behaviour involving interactions with human tellers is generally not criminal. The result is a deeply flawed and contradictory legal landscape. This article provides an analysis and critique of the case law and legislation that has led to this result and proposes an alternative statutory offence that better reflects the commercial and consumer realities of electronic transactions.