Fraudulent activity

rsykes2000

bazster wrote: »

A big fat letter dropped through my box the other day, with my address showing but the name not visible in the address window. So
I opened it. Turned out to be someone's tax return (not mine), sent to the wrong address by their accountants.

Now, because I'd opened it, I could see who it was addressed to and was able to find out his correct address, so I sealed it up, wrote a note on the outside explaining the circumstances, and went out and put it through his letterbox.

Clearly what I should've done is to shake, bend and fold the thing until the addressee's name appeared in the window and then, having seen it wasn't me, gone and shoved it back into a post box. He would then have been fined £100 for being late with his tax return, but no matter, I wouldn't have broken the law.

I'll go down the cop shop as soon as I've had my breakfast and turn myself in. Unless, of course, they come and break my door down in the meantime.

As said, it is a complete myth that it is illegal to open a letter that has been correctly addressed and delivere to your house (unless you use the contents of the letter to the detriment of another party).

MrsTinks

It's not a myth, but the chances of prosecution are near nil... rightly or wrongly.
Personally I don't open other peoples mail - I return it with "no longer at this address" and where known I put the new address on the envelope and a "please update records with new details".
We quite often get mis-sent mail for a similar address nearby - it's annoying but we're kinda used to it... (it's a different post code and the road name is "Road" instead of "Close"... it would seem that a lot of companies can't understand how post codes work as the letters come through with the other name, other road name but OUR postcode... ARGH!
It has improved over the last 4 years but still happens...

Alex_LS

MrsTine wrote: »

It's not a myth, but the chances of prosecution are near nil... rightly or wrongly.

Since it's not a myth, perhaps you'll be so good as to cite the relevant legislation.

jonesMUFCforever

Alex_LS wrote: »

Since it's not a myth, perhaps you'll be so good as to cite the relevant legislation.

Interfering with mail - Postal Services Act 2000 Section 84

Alex_LS

jonesMUFCforever wrote: »

Interfering with mail - Postal Services Act 2000 Section 84

And perhaps you'll quote the relevant paragraph, highlighting how it disagrees with the statement that "...it is a complete myth that it is illegal to open a letter that has been correctly addressed and delivere to your house (unless you use the contents of the letter to the detriment of another party)..."

jonesMUFCforever

Alex_LS wrote: »

And perhaps you'll quote the relevant paragraph, highlighting how it disagrees with the statement that "...it is a complete myth that it is illegal to open a letter that has been correctly addressed and delivere to your house (unless you use the contents of the letter to the detriment of another party)..."

Legislation

• New
• Original
  • UK
    • Acts
    • Local Acts
    • Statutory Instruments
    • Church Measures
  • Northern Ireland
  • Scotland
  • Wales
• Revised
• Chronological Tables

Public Sector Information
Unlocking Service (beta)
Click-Use Licensing
Information Asset Register
Information Fair Trader Scheme
Official Publications
Supplementary menus and contents

Legislation Views

• Plain Version
• Single Page Version
• Print Version (PDF 439 kb)
• Why keep printing? Go green.Buy your official copy...

Related Pages

• Explanatory Note (HTML)
• Copyright Guidance Note on the Re-Use of Legislation

Feeds

• Postal Services Act 2000
• Acts of UK Parliament

PART V
Page 8 of 19
Previous Next
First page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Last page


Expand All Explanatory Notes (ENs)

Part V Offences in relation to Postal Services

Offences of interfering with the mail

83 Interfering with the mail: postal operators

(1) A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he—
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or
(b) intentionally opens a mail-bag.
(2) Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of—
(a) this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), or
(b) any directly applicable Community provision.
(3) Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.
(4) Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.
(5) In subsection (4) “trade dispute” has the meaning given by section 244 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the [S.I. 1995/1980 (N.I.12).] Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.
(6) A person who commits an offence under subsection (1) shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both,
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
84 Interfering with the mail: general

(1) A person commits an offence if, without reasonable excuse, he—
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or
(b) intentionally opens a mail-bag.
(2) Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3) A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4) Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5) A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

ElkyElky

Even though it is illegal, I continue to open mail that has been delivered to my address with another name. (I have total disregard for the law in this area)

I've lived at my address for some 4 years and continue to get letters for the previous occupier. Not my job to be faffing around sending mail back every other week so they get binned.

I don't have a problem opening other peoples letters.. I personally prefer to know who is using my address, and what they are using it for.

Illegal? So is speeding but people still do it. :rotfl:

CannyJock

ElkyElky wrote: »

Even though it is illegal, I continue to open mail that has been delivered to my address with another name. (I have total disregard for the law in this area)

I've lived at my address for some 4 years and continue to get letters for the previous occupier. Not my job to be faffing around sending mail back every other week so they get binned.

I don't have a problem opening other peoples letters.. I personally prefer to know who is using my address, and what they are using it for.

Illegal? So is speeding but people still do it. :rotfl:

Ditto. If it comes through my letter box after living here for 12 years, then I'll do with it as I se fit.

Alex_LS

ElkyElky wrote: »

Even though it is illegal

IT IS NOT! As the law explicitly states:

"A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him."

Therefore, it's only an offence if you intend to act to a person's detriment AND have no reasonable excuse.

It is NOT, in itself, illegal to open someone else's mail.

Alex_LS

jonesMUFCforever wrote: »

(3) A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

That was the paragraph we're interested in. You'll note it's failed to contradict the statement above.