Theft Act Flashcards
Theft Robbery Burglary Abstracting Electricity
Theft
What SECTION and ACT?
Section 1(1) Theft Act 1968
Theft
Points to Prove?
A person comits an offence who: □ Dishonestly □ Appropriate □ Property □ Belonging to another □ With the intention of permanently depriving the other of it.
Theft
Offence Notes?
Triable Either Way Offence
Robbery
What SECTION and ACT?
Section 8(1) The Theft Act 1968
Robbery
Points to Prove?
A person comits an offence who:
□ 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 then and there subjected to force
Robbery
Points to Prove?
Indictable Offence
Burglary What SECTION(s) and ACT?
Section 9(1)(a), 9(1)(b) and 10(1) Theft Act 1968
Burglary s.9(1)(a)
Points to Prove?
A person commits an offence who: □ Enters □ Any building or part of a building □ As a trespasser □ With intent to □ Steal □ Inflict GBH, or □ Do unlawful damage
Burglary s.9(1)(a)
Offence Notes?
Triable Either Way Offence
Burglary s.9(1)(b)
Points to Prove?
A person commits an offence who: □ Having entered □ Any building or part of a building □ As a trespasser □ Steals or attempts to steal, or □ Inflicts or attempts to inflict GBH
Burglary s.9(1)(b)
Offence Notes?
Triable Either Way Offence
Burglary s.10(1)
Points to Prove?
A person commits an offence who: □ Commits any burglary □ And at the time □ Has with him any □ W I F E
(Weapon of offence, Imitation firearm, Firearm, Explosives)
Burglary s.10(1)
Offence Notes?
Indictable Offence
Abstracting of Electricity
What SECTION and ACT?
Section 13
Theft Act 1968
Abstracting of Electricity
Points to Prove?
A person commits an offence who: □ Dishonestly □ Uses without due authority □ Or dishonestly □ Causes to be wasted or diverted □ Any electricity
Abstracting of Electricity
Offence Notes?
Triable Either Way Offence
Theft has two elements that the suspect must have completed - What are the two elements? Meaning guilty mind and act.
□ Mens Rea - guilty mind
□ Actus Reus - guilty act
Voluntary Attendees - If you are satisfied with the identity of the suspect, they will attend a voluntary interview and there are no other circumstances making voluntary attendance impracticable. The suspect must be told 5 things what are they?
1 - They will be interviewed under caution
2- Arrest will not be necessary if they attend voluntarily
3 - Free legal advice/solicitor
4 - Date/time to take account of their circumstances and investigation needs
5 - Non attendance will lead to an arrest
In relation to robbery “Force” is…..?
NOT DEFINED!
E.g. 1 - If the force is used AFTER the theft has occurred, for example, to get away, this would not amount to robbery.
E.g. 2 - If a person assaults another person after a heated argument causing them to accidentally drop their wallet and the offender then makes off with it then this would not amount to robbery as the force was used as a consequence of the argument NOT to steal. This would be assault and theft.
TWOC
What SECTION and ACT?
Section 12(1) Theft Act 1968
TWOC
Points to Prove?
□ Without consent of the owner / lawful authority
□ Took a conveyance
□ For his / another’s use
TWOC
Offence Notes?
Summary Offence Only
Discretionary Disqualification
Aggravated Vehicle Taking (TWOC)
What SECTION and ACT?
Section 12(a) Theft Act 1968
Aggravated Vehicle Taking (TWOC)
Points to Prove?
A person is guilty of aggravated taking of a vehicle if:
□ He commits an offence under Section 12(1) in relation to a MPV; and
□ It is proved that at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs Ss(2) (a) to (d) below:
Ss (2)
(a) That the vehicle was driven dangerously on a road or other public place;
(b) That, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(c) That, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(d) That damage was caused to the vehicle
Aggravated Vehicle Taking (TWOC)
Offence Notes?
Triable Either Way Offence
Taking a Pedal Cycle
What SECTION and ACT?
Section 12(5) Theft Act 1968
Taking a Pedal Cycle
Points to Prove?
□ Without having the consent of the owner
□ Or other lawful authority
□ Takes a pedal cycle for his own or another’s use
□ Or rides a pedal cycle knowing it to have been taken without such authority
Taking a Pedal Cycle
Offence Notes?
Summary Offence Only
