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PACE
Theft
| Question | Answer |
|---|---|
| What is the s.1 Theft Act 1968 definition of theft? | Dishonestly appropriating property belonging to another, with the intention of permanently depriving the other of it |
| Name the 5 elements of theft that must all be proved | Dishonesty, Appropriation, Property, Belonging to another, Intention to permanently deprive |
| What is "appropriation" in law? | Any assumption of the rights of an owner over property — even a single act, e.g. picking an item up with dishonest intent |
| What is robbery, and under which section? | s.8 Theft Act 1968 — theft, using or threatening force immediately before or at the time of the theft, in order to steal |
| Is robbery an either-way or indictable-only offence? | Indictable only (Crown Court) |
| What is burglary, and under which section? | s.9 Theft Act 1968 — entering a building as a trespasser with intent to steal/cause GBH/cause criminal damage (s.9(1)(a)), OR having entered as a trespasser, stealing or attempting to, or inflicting/attempting GBH (s.9(1)(b)) |
| What makes burglary "aggravated," and under which section? | s.10 Theft Act 1968 — burglary where the offender has a firearm, imitation firearm, weapon of offence, or explosive with them |
| What is Taking a Vehicle Without Consent (TWOC), and under which section? | s.12 Theft Act 1968 — taking a conveyance for one's own or another's use without the owner's consent, without intent to permanently deprive (distinguishes it from theft of a vehicle) |
| What mental element does TWOC require, and does it cover passengers? | The person must know or be reckless as to whether the vehicle was taken without consent. s.12 ALSO covers driving, or allowing oneself to be carried in, a vehicle known to have been taken without consent — not just the initial taker |
| What is "making off without payment," and under which Act/section? | s.3 Theft Act 1978 — dishonestly leaving without paying where payment is required on the spot, knowing payment is expected, intending to permanently avoid payment |
| What is "handling stolen goods," and under which section? | s.22 Theft Act 1968 — dishonestly receiving, or arranging to receive, stolen goods, or dishonestly undertaking/assisting in their retention, removal, disposal or realisation, knowing or believing them to be stolen |
| What is fraud by false representation, and under which Act? | s.2 Fraud Act 2006 — dishonestly making a false representation, intending to make a gain or cause a loss |
| What is basic criminal damage, and under which Act/section? | s.1(1) Criminal Damage Act 1971 — intentionally or recklessly destroying or damaging property BELONGING TO ANOTHER, without lawful excuse |
| What makes criminal damage "aggravated," and whose property can it involve? | s.1(2) Criminal Damage Act 1971 — damage caused with intent to endanger life, or recklessness as to whether life would be endangered. Unlike basic damage, s.1(2) CAN apply to a person's OWN property too, not only another's |
| What is arson, legally, and is it automatically the aggravated form? | Criminal damage by fire (s.1(3) Criminal Damage Act 1971). It is NOT automatically the aggravated form — arson only becomes aggravated (s.1(2)+(3) together) if there was also intent or recklessness as to endangering life |
Created by:
UPJP