Theft & Robbery Flashcards
What are the 5 pillars of theft?
- Dishonestly
- Appropriates
- Property
- Belonging to another
- With the intention of permanently depriving the other of it
Together, these aspects form the 5 pillars. All the pillars must be present or the offence is incomplete and thus not committed. To establish an act of theft, you must be able to prove the 5 pillars.
Section 25 The Theft Act 1968
(1) 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.
(5) For purposes of this section an offence under Section 12(1) of this Act of taking a conveyance shall be treated as theft.
Going equipped to steal punishment
Going equipped for theft is an either way offence, meaning that it can be heard in both the Magistrates Court or the Crown Court.
When the case is heard by the Magistrates Court, the maximum sentence is 6 months custody. the Crown Court has the power to impose up to 3 years imprisonment.
Possession
Possession of the articles is not an offence in itself. The court must be satisfied that the article was going to be used in a burglary of theft, and so there must be some context or admission as to the article’s use.
An example would be a woman looking into multiple car windows in a high crime area late at night. When stopped and searched the officer finds she’s wearing latex gloves and has a screwdriver in her waistband. This combination of factors would qualify as going equipped to steal.
Constructive possession
Possession can also be constructive possession, such as under a person’s car seat or in a bag being held in a locker close by.
It’s worth noting that although taking a conveyance without consent (TDA or TWOC) is not theft per se, a person who has articles to assist them in their possession, such as a bunch of car keys or a centre punch, is included under this section (Section 25 (5)).
Section 13 of the Theft Act 1968: Abstracting Electricity
A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.
Can plants be stolen according to the theft act?
Plants
Cultivated plants can be stolen. As an example of this, entering someone’s front garden and digging up daffodils they have planted would be theft.
This does not apply to plants and mushrooms growing wild. However, if they are picked and collected for commercial gain then it can be classed as theft, even if very hard to prove.
Can animals be stolen under the theft act?
Animals belonging to someone, whether or not tamed, can be stolen, as they are classed as property. This does not apply to wild animals (including fish and birds) unless they are kept in captivity.
What is the mode of trial for theft?
Theft is as an ‘either way offence’. This means the defendant can elect to have the matter tried at the Crown Court in front of a judge and jury or can choose to be tried at the magistrates’ court. If the value of the Theft is less than £5000 then it will be tried in the magistrates’ court. A penalty notice (PND) can be issued for low level retail thefts below £100 (Shoplifting).
Upon conviction the maximum term of imprisonment is six months and/or a fine at magistrates’ court and seven years on indictment (at the Crown Court).
Section 8 The Theft Act 1968(1)
(1) 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.
(2) A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life.
On conviction of robbery, is it necessary to show that a suspect intended to use force?
It isn’t necessary to show that a robber intended to use force, only that force was used or threatened.
‘Force’ may be applied intentionally or recklessly on any person.
Fact
It’s important to understand that the offence doesn’t require a victim in fear. What is important is the intention of the suspect.
The threat doesn’t need to be directed at the person who has the property, but the person threatened must fear for themselves. You can’t fear for another.
What mode of trial and sentencing is robbery?
indictable only
What 4 steps should you take at the scene of a robbery?
Investigate
Talk to the victim / witness and get details of the robbery. Administer first aid or ask the person if they need medical assistance and consider calling an ambulance if the victim is injured or otherwise appears to need medical help. Before you make a radio circulation, make sure you have a full description of the suspect, a description of the property stolen and a description of any weapon or implement that could harm your colleagues if they stop the offender subsequently. Ensure that the first description you obtain from them is accurately recorded and you have covered the R-V-Turnbull ADVOKATE provisions.
Arrest / circulate description of suspect
Arrest the offender if they are present; if not, circulate a description of them over the radio as detailed above.
Drive around
If the suspect has fled, drive around the immediate area to see if you can locate them, with the witness / victim’s assistance if possible. Ensure that you conduct any street identification procedure in accordance with the Police and Criminal Evidence Act 1984 codes of practice. The street identification procedure is helpfully set out for you to document at pages 14-26 in your EABs. You must always be careful to never direct the victim or witness’s attention to any person.
Scene management
Assess the scene for physical evidence (such as discarded items, blood, shoe marks, items dropped for fingerprints) and consult public / private CCTV; if you recover stolen property that the suspect has touched, preserve it for forensic examination and speak to your BCU Forensic Practitioners (SOCO) to see if the item can be submitted for fingerprint or DNA examination, or both.
