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TV licence payment evasion

Regulatory and summary offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Regulatory and summary offences

TV licence payment evasion

Communications Act 2003, s.363

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Installs or uses a television receiver without a licence authorising that installation and use (Communications Act 2003, s.363(1)–(2)). Possession with intent that it be so used is a separate limb (s.363(3)).

Mens rea

  • Installing or using without a licence. The possession limb needs intent, or knowledge/reasonable grounds that another intends unlicensed use.

Defences

Licensed use · Not a television receiver / not installed or used · Dealer demonstration/repair exception (s.363(5))

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - Band B fine.

View definitive guideline ↗

At the police station

Summary fine (level 3). Rare in custody — confirm why it is on a custody sheet at all.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Regulatory and summary offences

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.