Theft Act 1968

Question 1

Points to prove and defences for Theft (Theft Act 1968)

Answer 1

(Points to Prove)
•Dishonestly appropriates
•Property
•Belonging to another
•with the intention
•to permanently deprive other of it

Defences
•They have a legal right to take the property.
•The owner would agree to their taking if they knew about it.
•They could not find the owner of the property after taking reasonable steps to find them.

Question 2

Points to prove and Defences for Robbery (Section 8 theft act 1968)

Answer 2

Points to prove
•Steal property
•immediately before or at the time
•in order to commit theft
•use force or put or seeks to put the person in fear of being subject to force

Defences
•none

Question 3

Points to prove and defences for TWOC (Section 12 theft act 1968)

Answer 3

Points to prove
•Without consent of the owner/lawful authority
•he takes any conveyance for his own or another’s use or
•knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it

Defences
•belief that he has lawful authority to do it
•He would have the owners consent if the owner knew of his doing and the circumstances
•Passenger attempted to get out once being made aware

(Vehicle must be moved)

Question 4

Points to prove and defences for Aggravated TWOC (Theft act 1968)

Answer 4

Points to prove
•Person commits TWOC
•After the vehicle was taken and before it was recovered on of the aggravating factors occurred
1) it was driven dangerously on a road or public place or
2) it caused an accident in which someone was injured or
3) it caused damage to property or
4) the vehicle itself was damaged

Defences
•one of the 4 aggravating factors happened before the vehicle was unlawfully taken
•The defendant not being in vicinity when the aggravating factors happened

Question 5

Points to prove and Defences for Taking pedal cycle without owners consent (theft act 1968)

Answer 5

Points to prove
•takes a pedal cycle
•without the owners consent for use of themselves or another
Or
•knowing it to be taken without such authority rides or

Question 6

Points to prove for burglary Section 9(1)A

Answer 6

Points to prove
•enters a building or part of building as trespasser and
•with the intent to commit any such offences of
1) stealing anything in the building or part of a building in question,
2) inflicting on any person in that place GBH
3) doing unlawful damage to the building or anything in the building

Section 9(1)a= DIT
Element of permanence is required

Question 7

Points to prove Section 9(1)B

Answer 7

Points to prove
•having entered any building or part of a building as a trespasser they
1) steals or attempts to steal anything in the building or that part of it OR
2) Inflicts or attempts to inflict on any person in the building GBH

Section 9(1)b=IT

Question 8

Section 10(1) aggravated burglary

Answer 8

Points to prove
•Commits a burglary
•At the time has with them
1) weapon or weapon of offence
2) imitation firearm
3) firearm
4) explosive

AGGRAVATED BURGLARY=WIFE

Question 9

Point to prove Handling stolen goods (section 22 Theft act 1968)

Answer 9

Points to prove
•Dishonestly undertake or assist
•in the retention, removal or disposal
•of stolen goods belonging to another person
•for the benefit of another or dishonestly arranged to do so
•whilst knowing or believing them to be stolen goods

(If goods are sold for cash then cash becomes stolen too)
(If police is returned to owner or police then item is no longer stolen)
(Retention=keeping in one’s possession or control)
(Removal=moving a thing to another place)
(Disposal=act of disposing, getting rid of, or giving)
(Realisation=conversion into money)

Question 10

When does 24hours start (relevant time)

Answer 10

IF SOMEONE IS ARRESTED AWAY FROM THE POLICE STATION=time at which the detainee crosses the boundary of police station

IF THEY ARE AT THE POLICE STATION PRIOR TO ARREST=time of the arrest

IF ANSWERING BAIL=time they arrive at the police station

If taken to hospital time is paused