Criminal Law Code as at 1st March 2007 or (b) he or she consumes the property, intending to return identical property to the other person; or (c) the property being money, he or she spends it, intending to return the same amount to the other person. 116 Unauthorised borrowing or use of property Any person who, knowing that another person is entitled to own, possess or control any property capable of being stolen or realising that there is a real risk or possibility that another person may be so entitled, takes possession or control of the property without the consent of that other person, intending to temporarily hold or make temporary use of it and then return it to that other person’s possession or control, shall be guilty of unauthorised borrowing or use of property, and liable to⎯ (a) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater; or (b) imprisonment for a period not exceeding two years; or both. 117 Making off without payment (1) In this section⎯ “payment on the spot” includes⎯ (a) in relation to the provision of a service, payment at the time of collecting goods on which work has been done or in respect of which a service has been provided; (b) payment before leaving the premises in or upon which the service or goods were provided. (2) Any person who benefits from a service or consumes any goods lawfully provided to him or her and, knowing that payment on the spot for the service or goods is required or expected from him or her, intentionally makes off without paying for the service or goods, shall be guilty of making off without payment, and liable to⎯ (a) a fine not exceeding level seven or not exceeding twice the value of the service or goods which form the subject of the charge, whichever is the greater; or (b) imprisonment for a period not exceeding two years; or both. (3) If it is proved in a prosecution for making off without payment that a person, having benefited from a service or consumed any goods lawfully provided to him or her, absented himself or herself without paying for the service or goods, and that the service or goods are of a kind for which payment on the spot is ordinarily required, then it shall be presumed, unless the contrary is proved, that⎯ (a) he or she knew that payment on the spot for the service or goods was required or expected from him or her; and (b) he or she intentionally made off without paying for the service or goods. - 72 -