Essential Legislation

Question 1

Main Initial Sections of the Theft Act

Answer 1

Defining Theft (Section 1 of the Theft Act 1968)

Dishonesty (Section 2 of the Theft Act 1968)

Appropriate (Section 3 of the Theft Act 1968)

Property (Section 4 of the Theft Act 1968)

Belonging (Section 5 of the Theft Act 1968)

Question 2

What is theft?

Answer 2

s1 Theft Act 1968

“A person is guilty of theft if he/she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 3

Defences to theft

Answer 3

s2 Theft Act 1968

1. He/she believes that he/she has a LAWFUL RIGHT to take the item.
2. He/she believes that he/she would have had the OWNER’S CONSENT if the owner had known of the taking of the property and the circumstances around it.
3. The owner CANNOT BE DISCOVERED by taking reasonable steps.

Question 4

Appropriate

When do you “appropriate” property?

Answer 4

s3 Theft Act 1968

If you assume the rights of the owner of property by keeping it or controlling its movements.

An example of this is where someone changes the price on an item in a shop so they end up paying a lower amount. By doing this they have assumed the rights of the owner, as they are setting the price for the item.

Question 5

Property

Can land itself be stolen?

Answer 5

(Section 4 of the Theft Act 1968)

Land itself cannot generally be stolen, e.g if a neighbour moves their fence over onto more land this would not be regarded as theft.

However, if a trustee in charge of an estate or a person with a power of attorney chose to sell another’s land for profit, this could amount to theft.

Additionally, turf, top soil and cultivated trees and shrubs = property, so could amount to theft.

Question 6

Belonging to a person

Property shall be regarded as belonging to any person when they have…

Answer 6

s5 Theft Act 1968

• A proprietary right or interest, e.g taking a car to the garage, the mechanic has a proprietary right of interest in the car as he has put an investment into it.
• Possession, e.g whoever has the vehicle in his/her possession. Whether this is lawful or not depends on circumstances and timing.
• Control, e.g the mechanic who carries out the repairs on the car.

Question 7

In terms of the Theft Act, intent to permanently deprive means what?

Answer 7

s6 Theft Act 1968

This is complete when someone treats the property as their own. This could include lending and borrowing over an extended timescale and pawning another person’s item.

e.g You borrow someone’s laptop and then decide to lend it to one of your friends. It’s at this point that you intend to permanently deprive them of it as you are treating it as if it is yours to lend.

Question 8

Taking Without Owners Consent (TWOC)

Answer 8

s12 Theft Act 1968

A person commits an offence if without having the consent of the owner…or other lawful authority…he/she takes any conveyance for his/her own or another use,

or…

knowing that any conveyance has been taken without such authority…drives it or allows him or herself to be carried in or on it.

(6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

Penalty:
Triable summarily and the penalty is 6 months imprisonment and/or a fine.

Question 9

Aggravated Taking Without Owners Consent (TWOC)

Answer 9

s12A Theft Act 1968

The offence of TWOC is “aggravated” if it is committed in respect of mechanically propelled vehicle and at least one of the following circumstances occurred after the vehicle was taken and before it was recovered:

• it was driven dangerously on a road or public place;
• it caused an accident in which somebody was injured;
• it caused damage to property; or
• the vehicle itself was damaged.

Penalty:
Summarily – if the value of the property damaged or destroyed is less than £5,000 (s 22 of the Magistrates Courts Acts 1980), penalty is a fine (no upper limit) or imprisonment 6 months.

Indictment – two years and if the accident caused death the penalty is up to 14 years’ imprisonment.

Question 10

Taking a Pedal Cycle Without Consent

Answer 10

s12(5) Theft Act 1968

This is a fairly simple offence and it covers the same principals as TWOC, but only includes pedal cycles. It also captures people who ride a pedal cycle knowing that it has been taken by another person without consent or lawful authority.

Penalty:
Summarily – 6 months imprisonment and/or a fine.

Question 11

Abstracting Electricity

Answer 11

s13 Theft Act 1968

Uses without due authority OR dishonestly causes to be wasted or diverted any electricity.

Penalty:
Summarily – 6 months imprisonment and/or a fine.

Indictment – up to 5 years’ imprisonment.

Question 12

Bilking

Answer 12

s3 Theft Act 1978

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.

Question 13

Low-value shoplifting

Answer 13

s22A Magistrates’ Courts Act 1980

“Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where—

(a) the value of the stolen goods does not exceed £200,
(b) the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and
(c) at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale.

Penalty:
Summarily – 51 weeks imprisonment and/or a fine.

Question 14

What police powers apply for entry and search for indictable theft offences?

Answer 14

Police powers apply for entry and search provided under s1 PACE Act 1984 for indictable offences, apply for all suspected thefts.

Question 15

The offence of fraud can be committed in what three distinctive ways?

Answer 15

1. By false representation, for example returning stolen goods to a shop to try to obtain a refund (s 2).
2. By failing to disclose information, for example omitting important information when applying for a job or health insurance (s 3)
3. Through abuse of position, for example whilst deriving a local authority minibus, demanding fares for local residents when the service is actually free (s4).

…for all these offences, same intent; make a gain for themselves, cause a loss to another.

Penalty:
Summarily – 12 months imprisonment and/or a fine.

Indictment – up to 10 years’ imprisonment and/or a fine.

Question 16

Section 1 of the Fraud Act 2006 states what regarding the intention?

Answer 16

The intention must be…

to make a gain for him/herself or another or…

to cause a loss to another or…

to expose another to a risk of loss…

Question 17

Vehicle Interference

Answer 17

s9(1) Criminal Attempts Act 1981

It states that it is an offence for a person to interfere with a motor vehicle or trailer, or with anything carried in or on a motor vehicle or trailer with the intention of committing:

• Theft of the motor vehicle or part of it
• Theft of anything carried in or on the motor vehicle or trailer
• The offence of taking a conveyance (TWOC)

Penalty:
Summarily – 3 months imprisonment and/or a fine.

Question 18

Attempting to commit an offence

Answer 18

s 1(1) of the Criminal Attempts Act 1981:

(1) If with intent to commit the offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he/she is guilty of attempting to commit the offence.
(2) A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.

(4) This section applies to any offence which, if it were completed, would be triable in England and Wales as an indictable offence, other than—
(a) Conspiracy
(b) Aiding, abetting, counselling, procuring or suborning the commission of an offence;
(c) Offences under section 4(1) (assisting offenders) or 5(1) (accepting or agreeing to accept consideration for not disclosing information about an arrestable offence) of the Criminal Law Act 1967.

Question 19

Robbery

Answer 19

s8 Theft Act 1968

(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
(2) A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life.

Question 20

Burglary

Answer 20

s9 Theft Act 1968

(1) A person is guilty of burglary if…

(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2) The suspect must enter a building with the intention to:
- Steal anything in the building;
- Inflict grievous bodily harm on anyone in the building;
- Unlawfully damage the building or anything inside it.

Penalty:
Indictment – dwelling = 14 years, all else 10 years.

Question 21

Aggravated burglary

Answer 21

s10 Theft Act 1968

(1) 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; and for this purpose—
(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and
(b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and
(c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

Penalty:
Indictment – imprisonment for life.

Question 22

Going equipped for stealing

Answer 22

s25 Theft Act 1968

(1) 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.

Penalty:
Indictment – max 3 years.

Question 23

Trespassing with a weapon of offence

Answer 23

s8 Criminal Law Act 1977

(1) A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him on the premises any weapon of offence.
(2) In subsection (1) above “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.

Penalty:
Summary – max 3 months and/or a fine.

Question 24

Trespass with intent to commit a sexual offence

Answer 24

s63 Sexual Offences Act 2003

(1) A person commits an offence if—

(a) he is a trespasser on any premises,
(b) he intends to commit a relevant sexual offence on the premises, and
(c) he knows that, or is reckless as to whether, he is a trespasser.

Penalty:
Summary – max 6 months and/or a fine.
Indictment – max 10 years.

Question 25

Blackmail

Answer 25

s21 Theft Act 1968

(1) A person is guilty of blackmail 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.

Penalty:
Indictment – max 14 years.

Question 26

Handling Stolen Goods

Answer 26

s22 Theft Act 1968

(1) A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their…
- retention,
- removal,
- disposal or
- realisation
…by or for the benefit of another person, or if he arranges to do so.

Penalty:
Indictment – max 14 years.

Question 27

Warrants for stolen goods

Answer 27

s26 Theft Act 1968

…Reasonable cause to believe that any person has in his custody or possession or on his premises any stolen goods, the justice may grant a warrant to search for and seize the same.

Question 28

There are three main offences under POCA, and these cover most eventualities in benefiting from the proceeds of crime:

Answer 28

Proceeds of Crime Act 2002 (POCA)

The concealing offence (s 327(1)).

The arranging offence (s 327(2)).

The acquisition, use and possession offence (s 327(3)).

Question 29

There are three main offences under POCA, and these cover most eventualities in benefiting from the proceeds of crime:

The concealing offence (s 327(1)).

Answer 29

A person commits an offence if they:

• conceal criminal property
• disguise criminal property
• convert criminal property
• transfer criminal property, or
• remove criminal property from England and Wales

Question 30

There are three main offences under POCA, and these cover most eventualities in benefiting from the proceeds of crime:

The arranging offence (s 327(2)).

Answer 30

A person commits the arranging offence if they:

Enter into or become concerned in an arrangement which they know or suspect facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person.

The suspect must know or believe it was criminal property when the arrangement was made.

Question 31

There are three main offences under POCA, and these cover most eventualities in benefiting from the proceeds of crime:

The acquisition, use and possession offence (s 327(3)).

Answer 31

A person commits the acquisition, use and possession offence if they:

• acquire criminal property
• use criminal property, or
• have possession of criminal property

Question 32

Defences and penalties

Three defences are available for offences under ss 327(1), 328(1), and 329(1) of the POCA 2002:

Answer 32

• The suspect makes or intends to make (with reasonable excuse) an ‘authorised disclosure’ to a police, customs, or nominated officer, concerning his/her actions
• The suspect knows (or reasonably believes) that the criminal conduct took place outside the UK and that it was not unlawful in that other country (s 327(2) and (2A).
• Law enforcement authorities (such as the police) have a defence if they convert or transfer seized criminal property, for example they placed seized money in an interest earning account.

Question 33

Police officers have a power of entry to search premises in order to prevent serious damage to property under what section/ legislation?

Answer 33

(s 17(1)(e) of the PACE Act 1984).

Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose
…
(e) of saving life or limb or preventing serious damage to property.

Question 34

What is the offence of criminal damage?

It states that an offence is committed by a person who without lawful excuse:

Answer 34

Section 1(1) of the Criminal Damage Act 1971

Destroys or damages…

…property…

…belonging…

…to another…

…intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged.

Question 35

The offence of ‘criminal damage, life endangered’

A person who, without lawful excuse, destroys or damages any property, whether belonging to himself or another—

Answer 35

s 1(2) of the Criminal Damage Act 1971

(a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence.

Question 36

Where is arson covered in the Criminal Damage Act 1971?

Answer 36

s 1(3) of the Criminal Damage Act 1971.

Question 37

Threats to destroy or damage property

Answer 37

s2 of the Criminal Damage Act 1971

(a) to destroy or damage any property belonging to that other or a third person; or
(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;

…shall be guilty of an offence.

Question 38

Possessing anything with intent to destroy or damage property

Answer 38

s3 of the Criminal Damage Act 1971

A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it—

(a) to destroy or damage any property belonging to some other person; or
(b) to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person;shall be guilty of an offence.

Question 39

Graffiti is among the most common forms of criminal damage. To help reduce it, what law was put in place?

Answer 39

(s 54(1) of the Anti-Social Behaviour Act 2003).

To help reduce its prevalence the sale of containers of aerosol paint to a young person under the age of 16 is a summary offence and a fine not exceeding level 4 on the standard scale.

• It is a defence for a person charged with an offence under this section in respect of a sale to prove that—

(a) he took all reasonable steps to determine the purchaser’s age, and
(b) he reasonably believed that the purchaser was not under the age of sixteen.

Question 40

The offence of criminal damage penalty?

Answer 40

Triable either way and will be tried summarily if the value of the property damaged or destroyed is less than £5000 (s 22 of the Magistrate’s Courts Act 1980).

The penalty is 6 months imprisonment and/or a fine if tried summarily, and 10 years imprisonment on indictment.

If the damage is aggravated by religious or racial hatred then the max penalty on indictment is increased to 14 years (s 30(1)) of the Crime and Disorder Act 1998).

Question 41

Displaying any writing, sign or other visible representation which is threatening, abusive or insulting

Answer 41

s4 Public Order Act 1986

Fear or provocation of violence.
(1) A person is guilty of an offence if he—

(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

Question 42

Offence of damaging certain ancient monuments

Answer 42

s28 Ancient Monuments and Archaeological Areas Act 1979

(1) A person who without lawful reasonable excuse destroys or damages any protected monument situated in England shall be guilty of an offence if the person —
(a) knowing that it is knew or ought to have known that it was a protected monument; and
(b) intended to destroy or damage the monument was reckless as to whether the monument would be destroyed or damaged;

…shall be guilty of an offence.

Question 43

Protection of sites of historic wrecks

Answer 43

s1 Protection of Wrecks Act 1973

(1) If the Secretary of State is satisfied with respect to any site in United Kingdom waters that—

(a) it is, or may prove to be, the site of a vessel lying wrecked on or in the sea bed; and
(b) on account of the historical, archaeological or artistic importance of the vessel, or of any objects contained or formerly contained in it which may be lying on the sea bed in or near the wreck, the site ought to be protected from unauthorised interference,

he may by order designate an area round the site as a restricted area.

Question 44

Protection of Military Remains

Answer 44

Protection of Military Remains Act 1986

Question 45

Offence of dealing in tainted cultural objects

Answer 45

s1 Dealing in Cultural Objects (Offences) Act 2003

(1) A person is guilty of an offence if he dishonestly deals in a cultural object that is tainted, knowing or believing that the object is tainted.
(2) It is immaterial whether he knows or believes that the object is a cultural object.

Penalty:
Summary – max 6 months and/or a fine.
Indictment – max 7 years and/or a fine.

Question 46

Duty of finder to notify the coroner of ‘treasure’

Answer 46

(1) A person who finds an object which he believes or has reasonable grounds for believing is treasure must notify the coroner for the district in which the object was found before the end of the notice period.

(2) The notice period is fourteen days beginning with—
(a) the day after the find; or
(b) if later, the day on which the finder first believes or has reason to believe the object is treasure.

Penalty for failure to do so:
Summary – max 3 months and/or a fine.

Question 47

Arrest without warrant: constables

Answer 47

s 24 PACE 1984 (Code G)

(1) A constable may arrest without warrant –
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)
If a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)
If an offence has been committed, a constable may arrest without a warrant –
• Anyone who is guilty of the offence
• Anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—
(a) Name

(b) Address

(c) To prevent the person in question—
(i) Causing physical injury
(ii) Suffering physical injury;
(iii) Causing loss of or damage to property;
(iv) Public indecency
(v) Causing obstruction

(d) Child/ vulnerable person safety
(e) Prompt and effective investigation
(f) Disappearance