Ziltro wrote:
Conditional Offer of Fixed Penalty... Pay up, take points and we won't take you to court where you'll likely end up paying more. What's the definition of "blackmail"?
A person commits blackmail:
Quote:
if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.
In the case of a fixed penalty, a and b both apply, so there is no offence.
If however, the fixed penalty was given to a known innocent person it may be blackmail. Also, if a person paid a fixed penalty and the police later found out they were innocent, retaining the money could be the offence of 'retaining a wrongful credit'.