Theft Act

Question 1

Theft

What SECTION and ACT?

Answer 1

Section 1(1)
Theft Act 1968

Question 2

Theft

Points to Prove?

Answer 2

A person comits an offence who:
□ Dishonestly
□ Appropriate
□ Property
□ Belonging to another
□ With the intention of permanently depriving the other of it.

Question 3

Theft

Offence Notes?

Answer 3

Triable Either Way Offence

Question 4

Robbery

What SECTION and ACT?

Answer 4

Section 8(1)
The Theft Act 1968

Question 5

Robbery

Points to Prove?

Answer 5

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

Question 6

Robbery

Points to Prove?

Answer 6

Indictable Offence

Question 7

Burglary
What SECTION(s) and ACT?

Answer 7

Section 9(1)(a), 9(1)(b) and 10(1)
Theft Act 1968

Question 8

Burglary s.9(1)(a)

Points to Prove?

Answer 8

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

Question 9

Burglary s.9(1)(a)

Offence Notes?

Answer 9

Triable Either Way Offence

Question 10

Burglary s.9(1)(b)

Points to Prove?

Answer 10

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

Question 11

Burglary s.9(1)(b)

Offence Notes?

Answer 11

Triable Either Way Offence

Question 12

Burglary s.10(1)

Points to Prove?

Answer 12

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)

Question 13

Burglary s.10(1)

Offence Notes?

Answer 13

Indictable Offence

Question 14

Abstracting of Electricity

What SECTION and ACT?

Answer 14

Section 13

Theft Act 1968

Question 15

Abstracting of Electricity

Points to Prove?

Answer 15

A person commits an offence who:
□ Dishonestly
□ Uses without due authority
□ Or dishonestly
□ Causes to be wasted or diverted
□ Any electricity

Question 16

Abstracting of Electricity

Offence Notes?

Answer 16

Triable Either Way Offence

Question 17

Theft has two elements that the suspect must have completed - What are the two elements? Meaning guilty mind and act.

Answer 17

□ Mens Rea - guilty mind

□ Actus Reus - guilty act

Question 18

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?

Answer 18

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

Question 19

In relation to robbery “Force” is…..?

Answer 19

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.

Question 20

TWOC

What SECTION and ACT?

Answer 20

Section 12(1)
Theft Act 1968

Question 21

TWOC

Points to Prove?

Answer 21

□ Without consent of the owner / lawful authority
□ Took a conveyance
□ For his / another’s use

Question 22

TWOC

Offence Notes?

Answer 22

Summary Offence Only

Discretionary Disqualification

Question 23

Aggravated Vehicle Taking (TWOC)

What SECTION and ACT?

Answer 23

Section 12(a)
Theft Act 1968

Question 24

Aggravated Vehicle Taking (TWOC)

Points to Prove?

Answer 24

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

Question 25

Aggravated Vehicle Taking (TWOC)

Offence Notes?

Answer 25

Triable Either Way Offence

Question 26

Taking a Pedal Cycle

What SECTION and ACT?

Answer 26

Section 12(5)
Theft Act 1968

Question 27

Taking a Pedal Cycle

Points to Prove?

Answer 27

□ 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

Question 28

Taking a Pedal Cycle

Offence Notes?

Answer 28

Summary Offence Only