A court might consider three questions in determining whether there has been an execution of a valuable security within the meaning of those terms in the provisions of section 20(3) of the Theft Act 1968: ‘The first is to identify what the document does. The second, in the light of that, is to ask whether the document falls within any part of the definition of ‘valuable security’ as provided . . If it does, then the third stage is to ask, bearing in mind the wide terms of [s 22(3)], whether, in the respect in which the document is a valuable security, it has been executed.’ A CHAPS (Clearing House Automated Payment System) order was held to be a valuable security. It created and transferred a right over property and it was evidence of that creation and transfer. It was also signed.
Citations:
[1992] QB 20, [1991] 3 All ER 705, [1991] Crim LR 906, (1991) 93 Cr App R 259, [1991] 3 WLR 246
Statutes:
Crime
Updated: 29 April 2022; Ref: scu.183257
