Bank of Scotland tracker redress cheque bounced back "unpaid"

Anyone writing cheques with insufficient funds is committing a criminal offence in Ireland. Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001, which came into force August of 2002 makes it a criminal offence to issue a cheque with insuffient funds in the account to settle the cheque. Penalty can be up to 10 years in jail. Complaint should be made to the Irish Police.

I'm not a lawyer or legal specialist...
 
TomTron said:
Anyone writing cheques with insufficient funds is committing a criminal offence in Ireland. Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001, which came into force August of 2002 makes it a criminal offence to issue a cheque with insuffient funds in the account to settle the cheque. Penalty can be up to 10 years in jail. Complaint should be made to the Irish Police.
Click to expand...
No.
Writing a cheque with insufficient funds is not always a criminal offence. However, the circumstances in which it's done can make it a criminal offence.
If you read the section of the act you've referred to above it'll be clearer.
 
Interesting observation RedOnion - this article quotes a Senior Counsel Martin Giblin:

"At Galway Circuit Criminal Court, one of the country's leading senior counsel, Martin Giblin, observed that it would come as a surprise to many people in business in Ireland that it was now a criminal offence to sign cheques when there were insufficient funds to cover them."

*I cant post links to websites anymore, the online forum says its spam content*
 
TomTron said:
Interesting observation RedOnion - this article quotes a Senior Counsel Martin Giblin:

"At Galway Circuit Criminal Court, one of the country's leading senior counsel, Martin Giblin, observed that it would come as a surprise to many people in business in Ireland that it was now a criminal offence to sign cheques when there were insufficient funds to cover them."

*I cant post links to websites anymore, the online forum says its spam content*
Click to expand...

This article? https://www.independent.ie/irish-news/customers-bouncing-cheques-now-face-jail-25885702.html

There's a difference between the actual law and what a newspaper will publish.
If you read the full background of that case you'll see how Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001 would apply.
 
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