Theft & Fraud Flashcards
Theft Act 1968
Section 1 Theft Act 1968 (Theft): Definition
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
Section 8 Theft Act 1968 (Robbery): Points to Prove
- Steal property
- And immediately before or at the time
- In order to commit the theft
- Use force or put or seek to put the person in fear of being subject to force
What year is the Theft Act?
1968
What section is theft?
Section 1 Theft Act 1968
What section is robbery?
Section 8 Theft Act 1968
A theft is not dishonest if the person…
Believes they have a right to the property
Believe they would have the consent of the owner
Have taken reasonable steps to find the owner
What is meant by ‘rights of the owner’?
Using
Selling
Modifying
In what case is wild property considered stolen?
If it is taken for reward, sale or commercial purposes
When does property belong to another?
When they:
Own it
Control of it
Have an interest in it
What 4 items cannot be stolen if wild?
Fungi
Flora
Foliage
Fruit
Can land be stolen?
No
When can wild animals be stolen?
When they can be tamed or are held captive
What does CADETS stand for (permanently deprive)?
Condition of return
Assuming rights of the owner
Damage/Destroy
Eat/Drink
Throwing away
Sell
Section 8 Theft Act 1968 (Robbery): Definition
A person is guilty of robbery if he 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
Is robbery indictable or summary only, or either way?
Indictable
Section 8 Theft Act 1968 (Robbery): Points to Prove
Seals
And immediately before OR
At the time of doing so
AND
In order to do so
Uses force on any person
Or puts
Or seeks to put any person in fear of being then and there subjected to force
If the victim does not feel scared, is it still robbery?
Yes, the victim does not need to feel fear - the suspect only needs to intend to put them, or anyone else, in fear
Can a baby feel fear in a robbery?
No, the person being subjected to fear of force must be capable of feeling scared
Is it robbery if a suspect is threatening a victim’s relation with force, but that person does not know about the threat?
No, the person must be aware of the threat of force
If a person steals your phone, and then whilst attempting to get away hits you, is it robbery?
No, that would be theft and assault, as the force needs to be used in order to commit the theft
What section is burglary?
Section 9 Theft Act 1968
Section 9A Theft Act 1968 (Burglary): Definition
A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection 2 (theft, GBH, criminal damage)
Section 9B Theft Act 1968 (Burglary): Definition
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or part of it or inflicts or attempts to inflict on any person therein GBH
What’s the difference between section 9A and 9B Theft Act 1968?
Section 9A is where someone enters with the intention to commit theft, criminal damage, GBH.
Section 9B is where someone already in the building commits theft or GBH.
What offences are included in burglary section 9A Theft Act 1968?
Theft
GBH
Criminal Damage
What offences are included in burglary section 9B Theft Act 1968?
Theft
GBH
Section 9A Theft Act 1968 (Burglary): Points to Prove
Enters
Any building
OR
Part of a building
As a trespasser
With the intent to commit:
- Theft
- GBH
- Criminal Damage
Section 9B Theft Act 1968 (Burglary): Points to Prove
Having entered
Any building
OR
Part of a building
As a trespasser
Steals or attempts to steal
OR
Inflicts GBH or attempts to inflict GBH
What section is aggravated burglary?
Section 10 Theft Act 1968
What does WIFE stand for?
Weapon of Offence
Imitation Firearm
Firearm
Explosive
What section is taking a conveyance?
Section 12 Theft Act 1968
What section is abstracting electricity?
Section 13 Theft Act 1968
Section 13 Theft Act 1968 (Abstracting Electricity): Definition
A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity
What section is making off without payment?
Section 3 Theft Act 1978
Section 3 Theft Act 1978 (Making Off Without Payment): Definition
A person who, knowing that payment on the spot for goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence
Does making off without payment apply to illegal items or services?
No, the section excludes items or services contrary to law
Is it an offence if a customer disputes a given service and leaves without payment?
No, if the customer is not dishonest.
This would be a civil dispute.
Section 25 Theft Act 1968 (Going Equipped): Definition
A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft
What two offences are covered under going equipped?
Burglary and theft
Under Section 9 Theft Act 1968, does a tool count as an extension of a person?
Yes, as long as it is used for more than just gaining entry
Under Section 9 Theft Act 1968, does a child count as an extension of a person?
Yes, if they are under the age of criminal responsibility (10)
What is the definition of a ‘building’, in relation to burglary?
A structure of considerable size and intended to be permanent or at least to endure for a considerable time. It does not need to be a completed structure, as long as it is connected (ie. walls and a roof)
Can a tent be burgled?
No, as it is not a permanent structure
Can a vehicle be burgled?
Yes, vehicles and vessels can be burgled if they are inhabited
Under Section 9(1)(a) Theft Act 1968, if a suspect enters a building as a trespasser with the intention to steal, but does not actually steal, is it still burglary?
Yes, as long as they had the intention when they entered
What section is going equipped?
Section 25 Theft Act 1968
If you enter a building as a trespasser and use the building’s electricity, is it burglary?
No, as electricity is not classed as property so cannot be stolen
This would be abstracting electricity instead
Under Section 25 Theft Act 1968 (going equipped), does TDA of a vehicle count as theft?
Yes, under Section 25 it is specifically stated that for the purpose of going equipped, TDA will be treated as theft
What section of the Fraud Act 2006 is dishonestly making a false representation?
Section 2 Fraud Act 2006
What section of the Fraud Act 2006 is failing to disclose information which you are under a legal duty to disclose?
Section 3 Fraud Act 2006
What section of the Fraud Act 2006 is abuse of position?
Section 4 Fraud Act 2006
What 3 possible intentions are there for an offence under the Fraud Act 2006?
- To make a gain for themselves/another
- To cause a loss to another
- To expose another to a risk of loss
What is Section 6 of the Fraud Act 2006?
Possession of any article for use in the course or connection with fraud
Anywhere
What is Section 7 of the Fraud Act 2006?
To make, adapt or supply any article knowing it is designed/adapted for use in the course or connection with fraud
Section 12 Theft Act 1968 (TDA): Points to Prove
- Without having consent of the owner/other lawful authority
- Takes any conveyance for his own or anothers use
- Knowing that it has been taken without authority
- Drives it
- Or allows himself to be carried in or on it
What section is handling stolen goods?
Section 22 of the Theft Act 1968
Either-way offence
Section 22 Theft Act 1968: Points to Prove
- Knowing or believing to be stolen goods
- Dishonestly
- Receives, undertakes, assists in
- Retention, removal, disposal, realisation
- Or for benefit of another
- Or arranges to do so
What are the 4 actions under Handling Stolen Goods?
Retention
Removal
Realisation
Disposal
Under Section 22 Theft Act 1968, when is property no longer considered stolen?
Property is no longer stolen if:
* It is restored to it’s owner
* If it is restored to lawful possession / custody (e.g. handed into police)
Therefore it is no longer an offence under Handling Stolen Goods
Do you need to know if goods are stolen to be handling stolen goods?
Yes, or you need to have reason to believe that it has been stolen
What reasons might there be to believe that goods have been stolen?
- Person offering the goods is a known theif
- Goods are sold in a non-retail setting
- No proof of purchase offered
- Identification marks removed
- No reason for the sale is provided
What’s the minimum amount of cash you can seize under POCA?
£1000
If you suspect it is used for unlawful conduct
What power can you seize cash under?
Section 294 of the Proceeds of Crime Act 2002
What are the three main offences under the Proceeds of Crime Act 2002?
- Acquire/use/possess criminal property
- Conceal, disguise, convert, remove, transfer criminal property
- Facilitate acquisition/retention/control of criminal property
What is a conveyance
- Constructed or adapted for the carriage of a person/persons
- By land water or air
- Does not include items constructed or built to carry items - eg mail bag trolley.
What needs to take place for TDA to be complete?
The person taking the conveyance needs to be not only sitting in but there has to be a degree of movement.
The person must also know that consent has not been given for them to take the conveyance.
