Dishonesty Offences Flashcards

Theft and Fraud

1
Q

What is the legislation for Theft?

A

Section 1, Theft Act 1968

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2
Q

What is Section 1, of the Theft Act 1968?

A

Theft,

To dishonestly appropriate property belonging to another with the intention of permanently depriving them of it.

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3
Q

What is the Legislation for Robbery?

A

Section 8(1), Theft Act 1968

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4
Q

What is Section 8, of the Theft Act 1968?

A
Robbery, 
Steals 
And immediately before doing so, or at the time of doing 
And in order to do so 
Either:
Uses force on any person 
OR
Puts, or seeks to put any person in fear of being subjected to force then and there.
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5
Q

What is the Legislation for Burglary?

A

Section 9(1)(a) and 9(1)(b) of the Theft Act 1968

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6
Q

What is Sections 9(1)(a) of the Theft Act 1968?

A
Burglary 
9(1)(a)
If a person enters any building or part of a building as a trespasser
With intent to:
Thieve
Inflict GBH
Criminal Damage
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7
Q

What is the Legislation for Aggravated Burglary?

A

Section 10(1) of the Theft Act 1968

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8
Q

What is Section 10(1) of the theft Act 1968?

A

Aggravated Burglary
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive

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9
Q

What is the Legislation for Taking a Conveyance Without the Owner’s Consent?

A

Section 12(1) of the Theft Act 1968

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10
Q

What is Section 12(1) of the Theft Act 1968?

A

Taking a Conveyance Without the Owner’s Consent.
A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

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11
Q

What is Section 12A of the Theft Act 1968?

A

Aggravated Taking of a Conveyance.
he commits an offence under section 12(1) (TWOC) and —
(a)that the vehicle was driven dangerously on a road or other public place;
(b)that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(c)that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(d)that damage was caused to the vehicle.

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12
Q

What is the Legislation for Aggravated taking of a conveyance?

A

Section 12A of the Theft Act 1968

Dangerous Driving / Injury / Damage to vehicle or anyone

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13
Q

What is the Legislation for Taking a Pedal Cycle?

A

Section 12(5) of the Theft Act 1968

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14
Q

What is Section 12(5) of the Theft Act 1968

A

Taking a Pedal Cycle
a person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own or another’s use, or rides a pedal cycle knowing it to have been taken without such authority, shall on summary conviction be liable to a fine

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15
Q

What is the Legislation For Going Equipped to Steal?

A

Section 25 of the Theft Act 1968

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16
Q

What is Section 25 of the Theft Act 1968?

A

Going Equipped to Steal etc
A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.

17
Q

What is the Legislation for Making off without Payment?

A
Section 3(1) of the Theft Act 1978,
Knowing that payment:
On the spot is expected 
Dishonestly makes off–(without having paid)
With intent to avoid payment
18
Q

What is Section 3(1) of the Theft Act 1978?

A

Making off without Payment.
A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

19
Q

What are the three ways to commit Fraud?

A

by false representation,
by failing to disclose information, and
by abuse of position.

20
Q

What is the Legislation for Fraud by False Representation?

A

Section 2 of the Fraud Act 2006

21
Q

What is Section 2 of the Fraud Act 2006?

A

False Representation,
Dishonestly makes a false representation
Intending to make a gain for himself or another
Or to cause loss to or expose to risk of loss another
And is aware that their actions are dishonest

22
Q

What is the Legislation for Fraud by failing to disclose information?

A

Section 3 of the Fraud Act 1968

23
Q

What is Section 3 of the Fraud Act 1968

A

Failing to disclose information.
Dishonestly fails to disclose information
Which he is under a legal duty to disclose
Intending to make a gain for himself or another
Orto cause loss to or expose to risk of loss another

24
Q

What is the Legislation for Fraud by Abuse of Position?

A

Section 4 of the Fraud Act 2006

25
Q

What is Section 4 of the Fraud Act 2006?

A

Fraud by Abuse of Position.
Person who holds a position where they are expected to safeguard, or not act against the financial interests of another
Dishonestly abuses that position
Intending to make a gain for himself or another
Or to cause loss to or expose to risk of loss another

26
Q

What is the Legislation for Making or Supplying Articles for use in Fraud?

A

Section 7 of the Fraud Act 2006

27
Q

What is Section 7 of the Fraud Act 2006?

A

Making or Supplying Articles for use in Fraud.
A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—
(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(b)intending it to be used to commit, or assist in the commission of, fraud

28
Q

What is the Legislation for Possess or Control of Articles for use in Fraud?

A

Section 6 of the Fraud 2006

29
Q

What is Section 6 of the Fraud 2006?

A

Possess or Control of Articles for use in Fraud.
A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.

30
Q

What is the Legislation for Obtaining Services Dishonestly?

A

Section 11 of the Fraud Act 2006,
Obtains services for self or another by a dishonest act.
Services made available on basis of payment made for them.
Intended that full payment would not be made.

31
Q

Defences for Theft?

A

he/she had lawful right to take item
he/sh would have had the owner’s consent if they had known of the circumstances and the taking of it
the owner could not be discovered by taking reasonable steps

32
Q

What must you have with you to commit an aggravated burglary?

A

Weapon of offence (made ,adapted or intended)
Imitation Firearm
Firearm
Explosives

33
Q

What is section 9(1)(b) of the Theft Act 1968?

A

Burglary
If a person having entered any building or part of a building as a trespasser commits or attempts:
Inflict GBH on someone inside
Theft

34
Q

Whats the Legislation for abstracting electricity?

A
Section 13 of the Theft Act 1968, 
Committed by any person
who dishonestly
uses electricity without authority,
OR causes it to be wasted
OR diverted.
35
Q

What is a conveyance?

A

Made, adapted or intended for the use of carrying a person or persons

36
Q

In regards to Burglary what is meant by “ENTERS”

A

Goes into building using part or all of body, an implement is an extension, an innocent agent. Has not entered if part of the body or extension is inside the building in order to gain entry.