Abstract Electricity Flashcards
Which extract of legislation covers Abstracting Electricity?
The Theft Act 1968, Section 13
How is Abstracting Electricity triable?
On indictment in Crown Court, however this may be tried in Magistrates upon request
What is the penalty for Abstracting Electricity on indictment?
Five years’ imprisonment, maximum
What is the definition of Abstracting Electricity?
A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity
Can electricity be stolen?
No - it does not quality as property under the meaning outlined in Section 4 of the Theft Act
What is meant by the definition of “uses” in respect of Abstracting Electricity?
Indicates a consumption of electricity which would not have been used without the act of the defendant and for which due consent was not given
Is the abstracting of electricity in relation to mains electricity only?
No - it can be through any available form, including battery
What 4 things must be proven by prosecution for a charge of Abstracting Electricity?
1) Date & location of offence
2) Dishonesty of the taking
3) The abstracting is done without authority
4) The abstracting causes the electricity to be wasted/diverted
If the electricity is not in the end used, is a charge of Abstracting Electricity still legitimate?
Yes - mere diversion of electricity is sufficient
What is important to remember when considering Abstracting Electricity?
There is no such thing as the THEFT of electricity - electricity is NOT property
