Theft, Fraud And Related Offences Ch.16

Question 1

Outline the offence of Theft under S.1 of the Theft Act 1968.

Answer 1

A person dishonestly appropriates property belonging to another with the intent to permanently deprive the other of it.
There are five key concepts relating to the definition of theft:
- Dishonesty (S.2.2)
- Appropriation (S3.1)
- Property (S.4)
- Belonging (S.5)
- The intention to permanently deprive (S.6.1)

The offence is triable either way depending on the goods:

• Property worth less than £100 PND can be used.
• Summarily: (less than £5000): fine and/or six months imprisonment.
• Indictment: up to seven years imprisonment.

Question 2

Outline the offence of Robbery under S.8 of the Theft Act 1968

Answer 2

The act of stealing from a person whilst using (or threatning the use of) force or violence (an aggravated form of theft and as such that should be proven first).
Force or threat of force must be used immediately before, at the time of the theft and in order to carry out the theft.

When force is threatened against a third person then they must apprehend/ know about the force threatened.

Triable Indictment only: maximum penalty is life imprisonment.

Question 3

Outline the offence of Blackmail under S.21 under the Theft Act 1968.

Answer 3

An offence is committed when a person makes any unwarranted demand with menaces, with a view to making a gain (for themselves or others) or with intent to cause a loss to any other person.
A demand is unwarranted and unreasonable.

Triable on indictment only with a maximum penalty is 14 years imprisonment.

Question 4

Outline the basic offence of Burglary under S.9 of the Theft Act 1968

Answer 4

Two main subsectionsfor this offence:
A person is guilty if they enter any building or part of it as a trespasser;
a) with the intent;
To do unlawful damage to the building or anything in the building.
b) And carries out any of the following acts;
To steal anything in the building (or part if it) in question
To inflict GBH on any person in the building. (This also applies to section a)

Entry can be gained:

• In person
• Using a tool or article as an extension as the human body
• Using a blameless accomplice (eg a child who enters the buildinf illegally)

The trespasser must have mens rea (guilty knowledge) or not care that they are trespassing. It must also be voluntary.

Triable either way: - Summarily: fine and/or six months imprisonment.
Indictment: Maximum ten years imprisonment (fourteen if it was a dwelling) (af least three fot s third/ subsequent domestic burglary)

Question 5

Outline the offence of Aggravated Burglary under S.10 of the Theft Act 1968.

Answer 5

The use of weapons or explosives to commit burglaries.
Weapons covered by the legislation: WIFE (S.10.1)
- W - Weapon of Offence
- I - Initiation Firearm
- F - Firearm
- E - Explosive

‘Has with them’ means constructive possession ie the person is carrying the weapon. Anyone who is present and knows about the constructive possession is also having constructive possession.

For a S.9 a burglary the offence is as soon as the building is entered with one of the WIFE articles.
For a S.9 b burglary the offence is committed when the person commits the theft or GBH and has one of the WIFE articles on their possession.

Triable Indictment: Life imprisonment

Question 6

Outline the offence of Tresspass with a Weapon (Tresspass/ Vagrancy) under S.8 of the Criminal Law Act 1977

Answer 6

Committed when a person is on any premises as a tresspasser and has a weapon of offence on their person without lawful authority/reason however there is no intent to commit theft, GBH or damage.

Triable summarily: Three months imprisonment and/ or fine.

Question 7

Outline the offence of Tresspassing with an intent to commit a sexual offence under S.63 of the Sexual Offences Act

Answer 7

Offender must be on premises or land without the owners consent, and know they are tresspassing. There must also be intent to commit the offence (intent can be formed at any time).

Triable either way: Summarily - Six months and/ or fine.
Indictment - Ten years

Question 8

Outline the offence of Handling Stolen Goods under S.22 of the Theft Act 1968

Answer 8

An offenxe to either dishonestly undertake or assist in the realisation, removal, disposal or realization of stolen goods by another person; or for the benefit of another person.

Triable either way:
Summarily - fine and/ or six months imprisonment.
Indictment - up to fourteen years imprisonment.
(All five elements of theft must be proben to have applied at the time of the incident)

Question 9

Outline the offence of Wrongful Credits under S.24A of the Theft Act 1968

Answer 9

A credit is wrongful if the funds concerned were derived from theft, blackmail, fraud, or stolen goods. A person is guilty if they do not take reasonable steps for a wromgful credit to be cancelled. They must know or believe the credit is wrongful.

Maximum sentance is ten years.

Question 10

Outline the three main offences under the Proceeds of Crime Act (POCA) 2002
(An offence to benefit from any kinds of proceeds of crime).

Answer 10

Concealing, converting, or transferring criminal property (S.327.1) : An offence to conceal, disguise, convert, transfer or remove any criminal property from the UK.

Involvement in arrangements for criminal property (S.328.1): An offence to enter into or become concerned in an arrangement which they know or suspect will help with the acquisition, retention, use, or control of criminal property. The suspect must know or believe it was criminal property when the arrangement was made.

Acquisition, use, and possession of criminal property (S.289.1): for example a drug supplier giving some of their profits to a family member to buy food, if the family member knows where the money has come from and uses it then they have used criminal property.

Triable either way:
Summarily - Fine and/ or six months imprisonment
Indictment - up to fourteen years

Question 11

Outline the offence of Going Equipped under S.25 of the Theft Act 1968

Answer 11

The offence is committed through the suspect on their way to carry out a theft whilst in possession of an article to assist in theft.

A direct connection to a specific burglary or theft does not need to be established.

The offence cannot be committed when leaving the crime.

The possession of the article includes having it to hand, ie in a car parked outside etc, it does not have to be physically on their person.

Triable either way:
Summary - Six months imprisonment and/ or fine
Indictment - up to three years imprisonment.

Question 12

Outline the offence of Abstracting Electricity under S.13 of the Theft Act 1968

Answer 12

A person commits an offence if they dishinestly use without due authority or dishonestly causes to be wasted or diverted any electricity.

Triable either way:
Summarily - Fine and/ or six months imprisonment.
Indictment - up to five years imprisonment.

Electricity does not fall within the definition of property under the Theft Act 1968.

Abstracting means illegally taking and usinf without due authority. As electricity is not property entering premises with the sole intention of abstracting electricity does nit amount to burglary.

Question 13

Outline the procedure of checking vehicle VICE details

Answer 13

Stop the car
Examine the exterior of the car
Request control to give you the location of the VIN plate and VIN/chassis stamped number.
Carry out a PNC check on the index number or the VIN.
Compare the ‘VICE’ details you have taken from the car with the VICE details on PNC.

Question 14

Outline the offence of Taking a Conveyance without the Owners Consent or Authority (TWOC) under S.12 of the Theft Act 1968

Answer 14

A person commits an offence if without having the consent of the owner or other lawful authority they take a conveyance for their own or anothers use, or knowing that any conveyance has been taken without such authority drives it or allows themselves to be carried in it.

A conveyance is any equipment constructed or adapted for the carriage of a person (persons) by land, water or air (not anythinf constructed/adapted for carrying anything other than people.

Triable Summarily: fine and/ or sox months imprisonment.

Question 15

Outline the offence of aggravated vehicle-taking under S.12.A of the Theft Act 1968

Answer 15

The aggravating circumstances are those after the vehicle was taken:

• Driving dangerously on a road/ other public place.
• Accident occured due to the driving of the vehicle and caused injury to a person/ damage to property other than the vehicle.

These must take place after rhe vehicle was taken without consent and before it is recovered by the owner.

Triable either way:
Summarily - (if the value of damage is less than £5,000) Fine or six months imprisonment.
Indictment - Two years (if the accident causes death then up to fourteen)

Question 16

Outline the offence of interfering with motor vehicles under S.9.1 of the Criminal Attempts Act 1981

Answer 16

An offence for a person to interfere witb a motor vehicle, trailer or anything with/on a motor vehicle or trailer, with the intent of committing;

• Theft of a motor vehicl/part of it
• Theft of anything carried in/ on the motor vehicle/trailer
• The offence of taking a conveyance

Proving the intent (mens rea) is difficult as the act cannot simply be preperation it must go further.

It must be proved rhe suapect had at lesst one of rhe three intentions listed above but it does not need to be proven which one.

Triable Summarily: Fine and/ or three months imprisonment.

Question 17

Outline the offence of tampering under S.25.1 of the Road Traffic Act 1988

Answer 17

This refers specifically to brakes.
An offence for anyone without lawful authority or reasonable cause to tamper with the brakes or any other parts of its mechanism, or to get on/ in to the vehicle.

Triable Summarily: Fine or Imprisonment up to three months.

Question 18

Outline the offence of taking a pedal cycle under S.12.5 of the Theft Act 1968

Answer 18

An offence to ride a pedal cycle knowing it to have been taken by another without consent or lawful authority.

Six months imprisonment and/ or fine.

This is not classed as a TWOC offence.

Question 19

Outline the three distinctive ways in which the offence of fraud can be committed under S.1-4 of the Fraud Act 2006

Answer 19

1. S.2 - by false representation; dishonestly making a false representation intending to make a gain for themselves or another, a loss for another or expose another to a risk of loss. Eg, selling a fake brand as genuine online, even if no one sees the ad or responds they have stikl risked causing somebody a loss.
2. S.3 - by failing to disclose information, eg omitting important information on a job application. The best way to proce this offence is to show that there was a failure to notify information to the victim.
3. S.4 - through abuse of position, eg demanding fares from resudents whilst drivinf a local minibus intended as a free service. The abuse must take place at the time the suspect occupies the role (not after).

The intention must be to make a gain for themselves or another, cause a loss to another, or to expose another to a risk of loss.

Triable either way:
Summarily: Fine and/ or twelve years imprisonment
Indictment: Up to ten years on indictment

Question 20

Outline the offence for possession, making or supplying articles for committing fraud under S.6 and S.7 of the Fraud Act 2006

Answer 20

A person can commit an offence of goinf equipped to carry out a fraud as opposed to the act itself.

This means being in possession or control of articles for use in a fraud (S.6) or making/ supplying such articles (S.7).

Section 6 - Possession or having the article under their physical control and knowing it is there. If another person is present and is aware of the possession, they are also guilty of the possession.

Section 7 - An offence to make, adapt, supply, or offer to supply any article, knowing that it is designed or adapted for use in the course of / connction with fraud. Under S1 of the PACE Act 1984 an officer has power to search for such articles.

Triable either way:
Summarily - Fine and/ or 12 months imprisonment.
Indictment - Five years imprisonment (S.6) Ten years imprisonment (S.7)

Question 21

Outline the offence of dishonest obtaining of services under S.11 of the Fraud Act 2006

Answer 21

This is the obtaining a service (for which payment is generally required) by dishoenst means, eg bus/ train rides, sports games etc and using a false credit card.

Triable either way:
Summarily - Fine and/ or twelve months imprisonment.
Indictment - Five years imprisonment.

This is satisfied on the successful obtainment of any service.

Question 22

Outline the offence of bilking (making off without payment) under S.3 of the Theft Act 1978

Answer 22

A person makes off without paying byt made no dishonest representation and had every intention to pay for goods before it was obtained.

Triable either way:
Summarily - Fine and/ or six months imprisonment.
Indictment - Two years imprisonment.

Question 23

Outline the offence of possession of false identification documents under S.4.2 of the Identity Documents Act 2010

Answer 23

A false identity document is:

• Genuine unadultered document used by a different person.
• Genuine document which has been altered.
• Fake document

Some fraudsters present fake IDs to present certain information about themselves or persuade another to ascertain personal information about the person named on documents. (S.4.2 Identity Document Act 2010).

Possession of false identity documents which the person intends to use is an offence under S.4.1 Identity Document Act 2010.

Triable indictment only: Fine and/ or up to ten years imprisonment.

Possession without reasonable excuse of a false ID is an offence under S.6.1 of the Identity Document Act 2010.

Triable either way:
Summarily - Fine and/ or six months imprisonment.
Indictment - Two years imprisonment.

Question 24

Outline the offence of Bribery under S.1- S.4 of the Bribery Act 2010

Answer 24

Offences

• Bribing/ Attempting to bribe another person: an offence to offer, promise or give financial or other advantage to another in order to bring about improper performance or reward any person for improper performance (S.1) - It is sufficient evidence that there was intent to induce or reward the misconduct regardless of if it was carried out.
• Requesting, accepting or benefiting from a bribe: An offence if the person requests, agrees or accepts an advantage if they intend improper performance to follow, the request/agreement/ acceptance amounts to improper performance, or they accept the reward for anyone’s subsequent improper performance - It is irrelevant whether the perpetrator recieves any advantage (S.2)

Two main terms within the legislation:

• Improper performance: failing to perform a function or activity with good faith or impartiality (S.4)
• Relevant function or activity: All functions of a public nature (S.3)

Triable either way:
Summarily: Fine or one year imprisonment.
Indictment: Twelve years imprisonment.

An organisation will have a defence if they provide evidence if having policies snd practices to prohibit bribery.