Scott v Metropolitan Police Commissioner

Date

20 November 1974

Legislation

Theft Act 1968, s.32(1)(a)
Copyright Act 1956, s.21(1)(a)
Interpretation Act 1889

Keywords

conspiracy offences; theft; fraud; conspiracy to defraud

Counsel

L. J. Blom-Cooper Q.C., Nicholas Gardiner, Michael Worsley , Christopher Hilliard

Solicitors:

Bernard Sheridan & Co.; Solicitor, Metropolitan Police.

Judge:

Viscount Dilhorne, Lords Reid, Diplock, Simon and Kilbrandon

Court:

House of Lords

Reported:

[1975] AC 819; [1974] 3 All ER 1032; (1974) 60 Cr App R 124.

Summary:

Scott obtained films from various local cinemas with the intention of copying them and distributing the copies on a commercial scale. He was indicted on 15 counts including conspiracy to defraud the proprietors of the copyright in the films and conspiracy to contravene s.21(1)(a) of the Copyright Act 1956.

A complication was raised because s.32(1)(a) of the Theft Act 1968 had abolished any common law offence of cheating and it was thus questionable whether the conspiracy offences that Scott was alleged to had committed were still good in law.

Decision:

The House of Lords concluded that:

• an offence of conspiracy to defraud could be established notwithstanding the fact that the conduct constituted a conspiracy to contravene the Copyright Act; and
• that the relevant section of the Theft Act had not abolished the common law offence of conspiracy to defraud.

The implication of this judgment is that the usual principles of conspiracy apply to copyright and trademark offences: if two or more persons agree to carry out actions that would deprive a third party of their property (including their intellectual property rights) then they are guilty of this offence.