Theft Act 1968 Flashcards
What is the definition of Theft?
Theft is an indictable offence.
The definition of theft is:
A person commits an offence if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other person of it.
It requires two elements: Mens Rea and Acus Rea
What is the definition of Section 13 of the Theft Act - Abstracting Electricity?
Abstracting Electricity is an indictable offence.
The definition is:
A person who dishonestly uses electricity without due or authority or dishonestly cases it to be wasted or diverts it from any source shall commit an offence.
What is the definition of Burglary, Section 9 (1a)?
Section 9 (1a) is an triable either way offence.
The definition is:
An offence is committed by any person who enters a building or part of a building as a trespasser with intent to SID:
- S – Steal anything in the building or part of the building
- I – Inflict GBH on a person
- D – Damage – Unlawful damage to a building
What is the definition of Burglary, Section 9 (1b)?
Section 9 (1b) is an triable either way offence.
The definition is:
An offence is committed by any person who enters a building or part of a building as a trespasser with intent to IS:
- S – Steal anything in the building or part of the building
- I – Inflict GBH on a person
What is the definition of Burglary, Section 10 (1)?
Aggravated Burglary - Section 10 (1) is an indictable only offence.
The definition is:
A person commits an offence who after 9(1a) or 9(1b) and at the time they commit this, they have WIFE:
- W – Weapon of Offence
- I – Imitation Firearm
- F – Firearm
- E – Explosive device
What is the definition of Robbery, Section 8?
This is an indictable only offence.
The definition is:
A person steals or attempts to steal and immediately before doing so 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 subjected to force.
No Theft = No Robbery
What is the definition of Going Equip for Theft or Burglary, Section 25.
This is a statutory preventive measure, which is triable either way.
The definition is:
A person shall be guilty of an offence who when not at their place of abode has with them any article for use in the course of or in connection with any burglary or theft.
What is the definition of Handling Stolen Goods, Section 22?
This is a triable either way offence.
The definition is:
A person handles stolen goods if, otherwise than in the course of stealing, knowing or believing them to be stolen, dishonestly received the goods or dishonestly undertakes or assists in their retention, removal, realisation or disposal by or for the benefit of another, or he arranges to do any of the above.
Knowledge or belief can be proven by:
- The low price paid for them
- The method of storage
- Furtive disposal
- Removal of identity marks
- Denial of possession
- Possession soon after the theft
- A combination of any of the above.
What is Section 1 of the Fraud Act 2006?
Section 1 of the Fraud Act is a triable either way offence.
The definition is:
A person is guilty of fraud if he is in breach of any of the sections listed in subsection 2 (are different ways of committing fraud). The sections are:
• Section 2 – Fraud by false representation
• Section 3 – Fraud by failing to disclose information
• Section 4 – Fraud by abuse of position
The points to prove are:
The intention must be to make gain for themselves or another OR to cause loss to another OR to expose another to a risk of loss
What is Section 2 of the Fraud Act 2006, Fraud by False Representation?
Section 2 of the Fraud Act is a triable either way offence.
The definition is:
Dishonestly makes a false representation and intends to make a gain for them or another OR to cause loss to another OR to expose another to a risk of loss.
What is Section 3 of the Fraud Act 2006, Fraud by Failing to Disclose Information?
Section 3 of the Fraud Act is a triable either way offence.
The definition is:
Dishonestly fail to disclose to another person information which they are under a legal duty to disclose and intends, by failing to disclose information to make a gain for themselves or another, OR to cause loss to another OR to expose another to a risk of loss.
What is Section 4 of the Fraud Act 2006, Fraud by Abuse of Position?
Section 4 of the Fraud Act is a triable either way offence.
This offence can be committed by a person who occupies a position in which they are expected to safeguard (or not act against) the financial interests of another.
The definition is:
Dishonestly abuse that position intending to make a gain for them or another OR cause to cause loss to another OR to expose another to a risk of loss.
What is Section 7 of the Fraud Act 2006, Making or Supplying Articles for Use in Fraud?
Section 7 of the Fraud Act is a triable either way offence.
The definition is:
A person is guilty of an offence if they make, adapt or supply (or offers to supply) any article knowing that it is designed or adapted for use in course of or in connection with fraud (or intending it to be used to commit or assist with the commission of fraud.)
What is Section 11 of the Fraud Act 2006, Dishonest Obtaining of Services?
Section 11 of the Fraud Act is a triable either way offence.
The definition is:
It’s an offence to seek a service and then to seek to avoid payment for that service.
What is the definition of Section 4 of the Vagrancy Act 1824, Found on Enclosed Premises for An Unlawful Purpose?
This is a summary only offence.
Any person being found in or upon any dwelling house, warehouse, coach house, stable or outhouse or in any enclosed yard, garden, or area for any unlawful purpose.
- Dwelling houses – includes flats and apartments
- Warehouse – factories and small business units
- Coach house, stables – garages (stand alone or integral)
- Outhouse – sheds or greenhouses
