Theft

Question 1

Where is theft defined in law?

Answer 1

Section 1 of Theft Act 1968

Question 2

What does Section 1 of Theft Act 1968 state?

Answer 2

A person is guilty of theft if he dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it

Question 3

What are the five pillars of theft that ALL have to be present for the offence to be complete?

Answer 3

1. Dishonestly
2. Appropriates
3. Property
4. Belonging to another
5. With the intention of permanently depriving the other of it

Question 4

What is the test for dishonesty to be applied by a jury?

Answer 4

Firstly, they will consider the defendants knowledge or belief as to what was going on (ie what made the defendant act as they did).
Then, they will apply the standards of ordinary reasonable people to judge that behaviour

Question 5

Does theft require a guilty act, a guilty mind or both?

Answer 5

Both a guilty mind (Actus Reus) and the guilty act (Mens Rea)

Question 6

When would taking property not be dishonest?

Answer 6

• they had a legal right to do so for themselves or another OR
• the other person would have consented had they known the circumstances OR
• the person to whom it belonged could not be found by taking reasonable steps

Question 7

When may it not be possible to take reasonable steps to find the person whom property belongs to?

Answer 7

When property is found in a building / on a bus / in the street as the person who lost it is more likely to go to the owners of the building

Question 8

If a person appropriates property belonging to another would it be dishonest if they then offer to pay for it / are willing to pay for it?

Answer 8

Yes. It may still be dishonest irrespective of if they are willing to pay for it

Question 9

What is appropriation as it relates to theft?

Answer 9

An assumption by a person of the rights of an owner (even if they obtain it innocently but later assume the rights of the owner)

Question 10

What is property (when considering Theft Act)?

Answer 10

Generally, anything that can be touched or handled

Question 11

Can land be stolen under section 1 of Theft Act 1968?

Answer 11

No, generally land can’t be stolen (unless you are literally digging up the dirt and stealing that)

Question 12

Can wild plants be stolen?

Answer 12

No, wild plants can’t be stolen UNLESS picked for financial gain then could be theft

Question 13

Can plants in someone’s garden be stolen?

Answer 13

Yes plants can be stolen if they belong to someone

Question 14

Can untamed animals be stolen?

Answer 14

Yes, animals can be stolen irrespective of whether they are tamed or not. If they belong to someone animals are classed as property.

Question 15

Can wild animals (like fish or birds) be stolen?

Answer 15

No, unless they are normally kept in captivity

Question 16

When has an owner relinquished their ownership of property?

Answer 16

If the owner throws it away, abandons it or gives up their right to it

Question 17

How can something belong to someone?

Answer 17

If they possess it, have control over it or own it (have any proprietary right / interest in it)

Question 18

What are some examples of how can someone can permanently deprive someone of their property?

Answer 18

Keep it, eat it, sell it, burn it, throw it away, leave it where the rightful owner is unlikely to recover it, by taking the property and trying to make the owner pay for it

Question 19

What type of offence is theft?

Answer 19

Either way offence (magistrates or crown court)

Question 20

What are the sentencing guidelines for theft?

Answer 20

A penalty notice (PND) can be issued for low level retail theft (below £100 shoplifting)
Magistrates - up to six months in prison and / or a fine
Crown court - up to seven years in prison

Question 21

Who does your work laptop belong to?

Answer 21

Me (as I possess it), my BCU as they control it (issue it, can withdraw it etc) and the Met police as they own it

Question 22

Would a car taken for a joyride be theft?

Answer 22

Unlikely as there is no intention to permanently deprive (more likely to be TDA)

Question 23

What offence does section 13 of the Theft Act 1968 cover?

Answer 23

Abstracting electricity

Question 24

What is the offence of abstracting electricity?

Answer 24

A person who without due authority dishonestly uses, or dishonestly causes to be wasted or diverted any electricity

Question 25

What type of offence is abstracting electricity?

Answer 25

Either way