Theft Act

Question 1

Section 9(1)a Theft Act 1968

Answer 1

Enters any building or part of a building as a trespasser with the intent to:
Steal anything in, or part of the building
Inflict GBH on any person therein
Cause unlawful damage

Question 2

Section 9(1)b Theft Act 1968

Answer 2

Having entered any building, or part of a building, as a trespasser he:
Steals or attempts to steal anything in, or part of the building
Inflicts or attempts to inflict on any person therein GBH

Question 3

Section 10 Theft Act 1968

Answer 3

A person commits burglary and at the time has with him any:
Weapons of offence
Imitation firearms 
Firearms
Explosives

Question 4

Section 12 Theft Act 1968

Answer 4

Without having the consent of the owner or lawful authority:
Takes any conveyance
For his own or another’s use, or
Knowing any conveyance was taken without such authority,
Drives it or allows himself to be carried in or on it

Question 5

What are the defences for taking a conveyance?

Answer 5

Lawful authority

Belief of consent

Question 6

Section 1 Theft Act 1968

Answer 6

Dishonestly
Appropriates
Property
Belonging to another
With the intent to permanently deprive

Question 7

Defences for theft

Answer 7

Right in law
Belief of owner’s consent
Reasonable steps to ascertain owner

Question 8

Section 8 Theft Act 1968

Answer 8

Steals, and
Immediately before, Or,
At the time of doing so, and 
In order to do so,
Uses force on any person, or 
Puts any person in fear of being then and there subjected to force

Question 9

Section 25 Theft Act 1968

Answer 9

When not at his place of abode,

Has with him any article for use in the course of or in connection to any burglary or theft

Question 10

Section 13 Theft Act 1968

Answer 10

Dishonestly uses
Without due authority, or
Dishonestly causes to be waisted or diverted
Any electricity

Question 11

Section 22 Theft Act 1968

Answer 11

Handling stolen goods.

For the offence to be committed, there must be dishonesty in the reception of the goods and
The person receiving them must know or believe them to be stolen

Question 12

Can ‘handling stolen goods’ occur if the theft was outside the U.K.?

Answer 12

Yes, as long as the act would be regarded as theft in the region or country it occurred

Question 13

What is considered a stolen food under section 22 Theft Act 1968?

Answer 13

Money and any description of preperty except land

Question 14

When are goods no longer stolen under section 22 Theft Act 1968?

Answer 14

• Restored to the person from whom they were stolen.
• Restored to other lawful possession or custody, for example, when goods are recovered by the police.
• The person has ceased to have any right to restitution in respect of the theft (ex: after the insurance company has already compensated the owner)

Question 15

When can there be belief that goods were stolen under S22 Theft Act 1968?

Answer 15

• The person offering the goods is known to be a thief
• The item is sold in a non-retail setting, (brand new item sold from the boot of a car for below the market value)
• There is no proof of purchase offered
• Identification marks removed
• No explanations or reason for the sale of the goods have been provided

Question 16

Does the receiver need to benefit from stolen goods to be found guilty of S22 Theft Act 1968?

Answer 16

No, someone who is only holding the goods for a third party can still be found guilty

Question 17

What is realisation under S22 Theft Act 1968?

Answer 17

Converting the goods into money