Theft Act 1968

Question 1

Section 1 - Theft
Indictable
7 Years on Indictment

Answer 1

dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

Section 12 - TWOC
Summary
6 Months

Answer 2

Without having the consent of the owner or other 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.

Question 3

Section 12(A) - Aggravated TWOC
Indictable
14 Years on Indictment for death
2 Years on Indictment without death

Answer 3

(A) - Commits an offence under Section 12 - TWOC

(B) - Anytime after the vehicle was taken and before it was recovered:
1 - The vehicle was driven dangerously on a public road
2 - An incident occurred where any person was injured
3 - An incident occurred in which damage was caused to any property that is not the vehicle
4 - That damage was caused to that vehicle

Question 4

What cannot be stolen?

F O W L

Answer 4

Fruit - growing wild unless taken for personal gain or reward
Own Property - Unless someone else has a vested interest in it
Wild Creature - Unless tamed and captive or killed and reduced into property
Land - Unless a stranger to land, or legally obliged

Question 5

Section 13 - Abstracting Electricity
Indictable
5 years on Indictment

Answer 5

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

Question 6

Section 12 (5) - TWOC of a pedal cycle
Summary
6 Months on indictment

Answer 6

take a pedal cycle for his or another’s use without the consent of the owner or other lawful authority or, knowing that it has been so taken, to ride on it.

Question 7

Section 9 (1)(a) - Burglary
Indictable
10 years on indictment
14 years if in a dwelling

Answer 7

if they enter a building or part of a building as a trespasser with the intent to steal anything in the building or part of the building, inflict GBH to any person therein or do unlawful damage to the building or anything therein.

Question 8

Section 9 (1)(b) - Burglary
Indictable
10 years on indictment
14 years if in a dwelling

Answer 8

if having entered a building or part of a building as a trespasser he/she steals or attempts to steal anything therein or inflicts or attempts to inflict to any person there in any GBH

Question 9

Section 10 - Aggravated Burglary
Indictable Only
Life on indictment

Answer 9

if he commits any burglary and at the time has with him a weapon of offence, imitation firearm, firearm or explosive(WIFE)

Question 10

Section 10 - Aggravated Burglary

WIFE

Answer 10

Weapon of offence
Imitation firearm
Firearm
Explosive

Question 11

Section 8 - Robbery
Indictable only
Life on indictment

Answer 11

Steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person, or puts or seeks to put any person in fear of being there and then subjected to force

Question 12

Section 21 - Blackmail
Indictable
14 years on indictment

Answer 12

he/she makes any unwarranted demand with menaces, with a view of making a again for him/herself or any other person, or with intent to cause loss to any other person

Question 13

Section 12 - TWOC

Conveyance

Answer 13

anything constructed or adapted to carry persons by land, water or air. It has to be in use by a person carried in or on it.

Question 14

Section 12 - TWOC

Taken

Answer 14

it is considered taken if it is moved any distance from its original position. (Cannot be natural movement e.g waves R v Miller)

Question 15

Can TWOC be attempted?

Answer 15

NO

Question 16

Section 22 - Handling Stolen Goods
Indictable
14 years on indictment

Answer 16

otherwise than in the course of stealing, knowing or believing the goods to be stolen, he dishonestly receives the goods or dishonestly undertakes or assist in relation to their retention, removal, realisation or disposal by or for the benefit of another or if he arranges to do so

Question 17

Section 25 (1) - Going Equipped
Indictable
3 years on indictment

Answer 17

Any person when not at their place of above has with them any article for the use in the course or in connection with any burglary or theft

Question 18

Section 22 - Handling Stolen Goods

Points to Prove

Answer 18

1) Goods stolen or dishonestly obtained
2) Still stolen at the time of handling
3) The accused receives the goods or dishonestly undertook or assisted in their RRRD
4) Knew or believed the goods to be stolen at the time of handling

Question 19

Section 22 - Handling Stolen Goods

RRRD

Answer 19

Retention
Removal
Realisation
Disposal

Question 20

Section 9 - Burglary

Entry

Answer 20

Entry must be effective:

• Fully enter - NOT a burglary if on to facilitate entry
• Body part reaching through
• Accomplice (e.g. child or trained animal)

Question 21

Section 9 - Burglary

Building

Answer 21

Building: A degree of permanence (no tent or marquees). It does not need physical separation (e.g. walls) and includes exceeded permission
Caravans and boats if they are being lived in at the time

Question 22

Section 9 - Burglary

Trespasser

Answer 22

Trespasser: On premises without the consent or without true consent or bogus official

Question 23

Section 25 (1) - Going Equipped
Section 10 - Aggravated Burglary
What is Possession

Answer 23

At the time: Knowledge of existence (defence if not knowing of the item presence). Still committing the offence if items still in control of the suspect (no need for physical possession)