Sections Of The Theft Act Flashcards
What is s1 if the Theft Act?
‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’
What does s1(2) say in the theft act?
The motive of D in appropriating the property is irrelevant.
What does s2(1) outline?
It outlines what behaviours are not dishonest.
What does s2(1)(a) say?
It is not dishonest if the D has the right in law to deprive the other of it, on behalf of himself or of a third party e.g. bailiffs.
What does s2(1)(b) say?
They would have the others consent if the other knew of the appropriation and the circumstances of it.
What does s2(1)(c) say?
The person to whom the property belongs cannot be discovered by taking reasonable steps.
What does s2(1) depend on?
D’s belief, not if it was correct or reasonable.
What does s2(2) say?
It is also theft if property is taken regardless of the owner’s wishes, even if the intention is to pay later. So you cannot steal food from a supermarket and then come back and pay a week later.
What does s3 say?
Appropriation is when the individual assumes the rights of the owner. This also includes later assumption of rights.
What does s4 say about property?
Property can include just about anything that can be owned both tangible and intangible.
Property can include ‘real property’ (e.g. land and buildings).
Property can also include ‘things in action’ (e.g. a bank account or a cheque).
What does s4(1) and s4(2) state?
Theft can be done by:
- a trustee or personal representative taking land in breach of his duties.
- someone not in possession of the land severing anything forming part of the land from the land.
- a tenant takes a fixture or structure from the land let to him.
What does s4(3) and s4(4) say?
Things like plants and fungi growing wild, along with wild animals are considered things that can’t be stolen.
What does s5 say?
Property is regarded as belonging to any person having possession or control or any proprietary right.
D can be dishonest if even if the property doesn’t seem to ‘belong to another’. These situations include:
- trust property, where a trustee can steal it.
- property received under an obligation.
- property received by another’s mistake.
What does s5(3) deal with?
It deals with situations where property is received under an obligation to deal with it in a particular way. If the obligation is unclear, this cannot be theft.
What does s5(4) say
There is usually a legal obligation to return property that belongs to another.
