COULD I GET A SUSPENDED SENTENCE FOR OBTAINING SERVICES DISHONESTLY?

Being accused of obtaining services dishonestly can make you feel anxious and uncertain. Indeed, you may be worried about the potential for imprisonment, confused about what exactly constitutes obtaining services dishonestly in legal terms, and concerned about how the courts will view your case. This article will explain what obtaining services dishonestly involves, the sentencing options available to courts, and the factors that might influence whether you could receive a suspended sentence rather than immediate custody.

What is obtaining services dishonestly?

Obtaining services dishonestly is an offence under Section 11 of the Fraud Act 2006. It occurs when someone dishonestly obtains services for which payment is required, with intent to avoid payment in whole or in part, and where payment is required on or before the provision of the service or under an express or implied agreement.

The key elements that prosecutors must prove include dishonesty, obtaining services for which payment is required, intent to avoid payment (either completely or partially), and that payment was required either before the service was provided or under some form of agreement. Unlike other fraud offences, this does not require deception or false representation, but focuses on the dishonest intent to avoid payment.

The offence can also include more complex scenarios such as booking services with false details and no intention to pay, using someone else’s account or membership to access paid services, or manipulating payment systems to avoid charges.

Note that the offence requires dishonest intent to avoid payment. Genuine inability to pay due to unexpected circumstances, honest mistakes about payment requirements, or disputes about the quality of services would not constitute this offence if there was no dishonest intent.

What are the usual sentences for obtaining services dishonestly?

Obtaining services dishonestly can be tried in either the Magistrates’ Court or the Crown Court, depending on the value involved and other factors. The maximum sentence is 5 years imprisonment, which is lower than some other fraud offences but still reflects the seriousness with which courts treat dishonest behaviour.

Courts have various other sentencing options available, including community orders, suspended sentences, fines, and immediate custody. For less serious cases involving smaller amounts, first-time offenders, or single incidents, courts often consider community-based sentences such as community service, unpaid work requirements, supervision orders, or fines. More serious cases involving substantial amounts, repeated offending, sophisticated methods to avoid payment, or significant impact on businesses are more likely to result in immediate prison sentences.

Courts also consider the broader context, recognising that some cases may involve underlying issues such as financial difficulties, mental health problems, or addiction that contributed to the offending behaviour.

What is a suspended sentence and how does it work?

A suspended sentence does not take effect immediately. Rather, the sentence is put off, held, or “suspended” for a specified period, usually between six months and two years.  If you successfully complete the suspension period without committing any further offences or breaching the conditions, the prison sentence will never be served. However, if you commit another offence or breach the conditions during the suspension period, you will likely be required to serve the original suspended sentence in addition to any penalty for the new offence.

Suspended sentences often come with conditions such as unpaid work, supervision by probation services, attendance at rehabilitation programmes, or restrictions on your activities.

Can obtaining services dishonestly result in a suspended sentence?

Obtaining services dishonestly can result in a suspended sentence. Considerations that might favour a suspended sentence include being a first-time offender, showing genuine remorse and taking responsibility for your actions, having strong personal circumstances such as employment or family responsibilities, demonstrating that you are unlikely to reoffend, and making efforts to compensate service providers for losses incurred. Conversely, factors that make a suspended sentence less likely include previous convictions for dishonesty offences, repeated offending involving multiple service providers, substantial amounts involved, sophisticated methods to avoid detection or payment, or showing no remorse for your actions.

Each case is assessed individually, and the court will balance the seriousness of the offence against your personal circumstances and prospects for rehabilitation.

What factors do courts consider when deciding on a suspended sentence for obtaining services dishonestly?

Courts consider multiple factors when deciding whether to impose a suspended sentence for obtaining services dishonestly:

• The value of services obtained, including both individual incidents and any pattern of behaviour over time. Courts will also consider the number of different service providers affected and the frequency of offending.
• The impact on service providers. This includes not only the direct financial loss but also the time and resources spent trying to recover payment, any costs associated with pursuing the matter, and the broader impact on the business. Courts are particularly concerned about the effect on small businesses that may be significantly affected by unpaid services.
• The method used to obtain services dishonestly. Courts will consider whether the offending involved planning and premeditation, deception about identity or payment methods, or sophisticated techniques to avoid detection. More planned or sophisticated offending is generally viewed more seriously.
• Your personal circumstances. Factors such as your age, health, employment status, family responsibilities, and previous good character can all influence the court’s decision. Evidence of genuine remorse, cooperation with authorities, and efforts to make restitution will be viewed favourably.
• Your likelihood of reoffending, by considering your previous criminal history, any underlying issues that contributed to the offending such as financial difficulties, addiction, or mental health problems, and your willingness to address these issues through treatment or support programmes.

How serious does the offence have to be for a prison sentence for obtaining services dishonestly?

Not all offences result in prison sentences. There is usually an extensive balancing exercise completed by the court beforehand.

Situations that typically warrant immediate prison sentences include those involving substantial amounts, repeated offending affecting multiple service providers, sophisticated methods to avoid payment or detection, or where you have previous convictions for similar offences.

Less serious cases that might avoid immediate prison include first-time offenders involved in single incidents or modest amounts, cases where you were acting under significant personal pressure or financial crisis, or where there are exceptional personal circumstances.

Even repeat offenders may receive suspended sentences in exceptional circumstances, particularly where there is evidence of genuine efforts to address underlying problems.

What can I do to improve my chances of getting a suspended sentence for obtaining services dishonestly?

There are numerous steps you can take to improve your situation going forward:

• Seek expert legal advice immediately from solicitors experienced in fraud and dishonesty cases. They can assess your case, identify potential defences or mitigating factors, and present the strongest possible arguments for a suspended sentence rather than immediate custody.
• Demonstrate genuine remorse for your actions and accept responsibility for what you have done. This means showing understanding of the impact on service providers, expressing sincere regret, and being honest about your involvement. Courts can distinguish between genuine remorse and empty apologies.
• Pay for the services obtained or compensate service providers for losses and any additional costs incurred. Even if you cannot pay the full amount immediately, showing willingness to make payment arrangements can demonstrate your commitment to making amends.
• Show the positive aspects of your life and character, including references from employers, family members, or community organisations. Evidence of your employment history, qualifications, voluntary work, or other contributions to society can help show that you are generally a law-abiding person who made a mistake.
• Sort out any underlying issues that contributed to the offending. If financial difficulties, mental health problems, addiction, or other factors played a role in your offending, seek appropriate help and treatment. Evidence that you are actively addressing these problems can significantly improve your prospects.
• Prepare to comply with any requirements that might be imposed as part of a suspended sentence, such as supervision, unpaid work, or programmes designed to address the underlying causes of your offending.

Where to get more help

If you’re facing charges related to obtaining services dishonestly, it’s crucial to have the right legal team on your side. At Stuart Miller Solicitors, we have a strong track record in defending clients against fraud and dishonesty offences. We know the stakes are high, and we’re committed to protecting your rights, your reputation, and your future. Our experienced solicitors will take the time to understand your situation, explain your options clearly, and build the strongest possible defence on your behalf. Get in touch today for a free, confidential consultation.

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13:26 04 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

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16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

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13:29 16 Jan 25

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12:25 11 Dec 24

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13:15 27 Nov 24

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I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:53 28 Oct 24

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15:43 11 Oct 24

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10:19 30 Sep 24

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11:59 25 Jun 24

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11:42 13 Jun 24

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18:52 11 Jun 24

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264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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