Unit 4 Lesson 5.1: Theft

Question 1

What are the essential elements of theft?

Answer 1

1. There was appropriation of the property
2. The taking was felonious
3. There was intent to deprive the owner
4. The property belonged to another

Question 2

Power of search for stolen property?

Answer 2

Section 60 of the Civic Government (Scotland) Act 1982

May search and detain persons, vehicles, vessels.
Enter and search any premises occupied by a second hand dealer or a metal dealer.
Seize and detain anything found.

Question 3

Where do officers get their power to seize productions?

Answer 3

Common law

Question 4

Explain the doctrine of recent possession.

Answer 4

If difficult to satisfy the essential elements of theft but you can infer that a theft has been committed shortly before - doctrine.

Theft may be proved against the accused by showing that:
- the property was stolen, and
2. Shortly thereafter it was traced to the physical or constructive possession of the accused, and
3. There is no reasonable explanation of such possession given
4. There are other incriminating circumstances