Criminal Breach of Trust, CBT mainly means misusing the funds or property in a dishonest or inappropriate manner.
News spread in the month of July 2019 about a medical social worker, who had misappropriated around $47,000 cheques that were entrusted to her. After this incident, the Criminal Breach of Trust i.e. CBT came into the spotlight. The cheques belonged to two elderly nursing home residents who are recipients of retirement assistance from the Central Provident Fund Board.
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It refers to an offence whereby the person entrusted with the property or the control thereof does any of the following acts:
– Misappropriates it by exploiting, using it temporarily or permanently without the owner’s consent.
– Takes it or takes possession of it in a way that is not allowed by the owner
– Uses it, in a different manner than what the owner and the trustee agreed upon
– Property disposal in a fraudulent way, such as investing the trust money in investments that are unauthorized by the owner.
In a nutshell, if you are entrusted with the property and you do anything which violates the law or your contract and the victim has suffered a loss or losses as a result, you can be charged with CBT.
You can be arrested without a warrant. CBT is an arrestable offence, which means that the police can take you into custody without securing an arrest warrant. The decision of releasing you on a bail lies in the hands of the court.
For example, the authorities suspect you of misappropriating the property of your trustee. They believe that there is a reasonable cause to believe that the crime has been committed; they can arrest you without a warrant.
Aside from having a criminal record when convicted of CBT, you can be imprisoned for up to 7 years and/or fined with an amount the court deems appropriate.
If ever you find yourself in this situation, it is advisable to consult a criminal lawyer who can help you defend yourself from the repercussions of this complex offence.
Disclaimer: The article can not be considered as legal advice or opinion on the topic which has been discussed and one should not rely on it. In no way, it should be taken as the statement of law and practice in this area. If you need any legal advice you should consult a lawyer in your jurisdiction. None of the members, partners or consultant who is a part of Bishop Law assumes or holds any responsibility or liability, to any person in respect of the content shared above.