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Going Equipped
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The definition of theft ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the types ...
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Aggravated Vehicle Taking
In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV) describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, exists in Scotland. In police slang usage, ''twoc'' became a verb, with ''twocking'' and ''twockers'' (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang. England and Wales Discussion Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offence defined under section 12(1) of the Theft Act 1968: Adopting the standard section 1 definition of theft would req ...
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Aggravated Vehicle-Taking Act 1992
The Aggravated Vehicle-Taking Act 1992 is an Act of the Parliament of the United Kingdom. It amends the Theft Act 1968 by creating the specific offence of aggravated vehicle-taking, which combines the taking of a vehicle without the owner's consent with driving it dangerously, causing injury, or causing damage to the vehicle or other property. It carries a mandatory disqualification from driving. The Act was brought in to tackle the problem of joyriding Joyriding refers to driving or riding in a stolen vehicle, most commonly a car, with no particular goal other than the pleasure or thrill of doing so or to impress other people. The term "Joy Riding" was coined by a New York judge in 1908. Joy ..., which was at the time a widespread problem in the UK. It was subject to a fast-track passage through Parliament. References {{UK legislation Acts of the Parliament of the United Kingdom concerning England and Wales English criminal law United Kingdom Acts of Parliame ...
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Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ...
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Taking Without Owner's Consent
In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV) describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, exists in Scotland. In police slang usage, ''twoc'' became a verb, with ''twocking'' and ''twockers'' (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang. England and Wales Discussion Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offence defined under section 12(1) of the Theft Act 1968: Adopting the standard section 1 definition of theft would req ...
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Removing Article From Place Open To The Public
Removing article from place open to the public is a statutory offence in England and Wales and Northern Ireland. England and Wales This offence is created by section 11(1) of the Theft Act 1968. Sections 11(1) to (3) of that Act read: The following cases are relevant: *R v Durkin 9731 QB 786, 57 Cr App R 637, 9732 All ER 872, 973Crim LR 372, CA *R v Barr 978Crim LR 244 Section 11(3) Edward Griew said that section 11(3) corresponds to sections 2(1)(a) and (b) (as to which, see dishonesty). Visiting forces This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952. Mode of trial and sentence This offence is triable either way. A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. "The Goya clause" The clause of the The ...
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Aggravated Burglary
Burglary is a statutory offence in England and Wales. In the three years to 2018 burglary reports in England and Wales rose by 6% while criminal charges for burglary fell by 33%. The number of police officers available to investigate burglary and other crimes also fell during that time. Statute The offence of burglary is now defined by section 9 of the Theft Act 1968 which now reads: Burglary with intent to rape Section 9(2) originally referred to the offence of raping any woman in the building or part of the building in question. The words "raping any person" were substituted for the words "raping any woman" on 3 November 1994. This was consequential on the changes to the definition of rape made by the Criminal Justice and Public Order Act 1994. The words "or raping any person" were in turn repealed on 1 May 2004. The offence of burglary with intent to rape is replaced by the offence of trespassing with intent to commit a sexual offence, contrary to section 63 of the Sexual ...
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Sexual Offences Act 2003
The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament of the United Kingdom. It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeurism, assault by penetration, causing a child to watch a sexual act, and penetration of any part of a corpse. It defines and sets legal guidelines for rape in English law. It is also the main legislation dealing with child sexual abuse. The corresponding legislation in Scotland is the Sexual Offences (Scotland) Act 2009 and in Northern Ireland the Sexual Offences (Northern Ireland) Order 2008. Major changes Part I of the Act makes many changes to the sexual crimes laws in England and Wales (and to some extent Northern Ireland), almost completely replacing the Sexual Offences Act 1956. Rape Rape has been redefined from the Sexual Offences Act 1956 (amended in 1976 and 1994) to read: A person (A) commits an offence if— (a) he intentionall ...
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Rape In English Law
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003: This definition notably has a narrower definition with other kinds of rape being covered by offences with other names. For example, if a victim is forcefully penetrated with an object other than a penis, this is classed as "Assault by Penetration" (section 2), and if the victim is made to penetrate another, the act can be prosecuted as "Causing a person to engage in sexual activity without consent" (section 4). "Intentionally", s.1(1)(a) See Intention (criminal law) Penetration, s.1(1)(a) & (b) See section 79(2). Meaning of expressions relating to parts of the body See sections 79(3) and (9) Consent, s.1(1)(b) & (c) & (2) This expression is defined by section 74. The evidential and conclusive presumptions created by sections 75 and 76 apply to this offence (s.1(3)). They must be read with section 77. "Rape by deception" (or "by fraud") The term "ra ...
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Grievous Bodily Harm
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent",Archbold Criminal Pleading, Evidence and Practice, 1999, paragraph 19-201 at page 1614 whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm". Statute Section 18 This section now reads: The words omitted in the first to third places specifically included shooting or attempting to shoot, and included some words considered redundant; they were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The ...
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Trespass To Land
Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is ''actionable per se''. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort. By law, trespass for mesne profits is a suit against someone who has been ejected from property that did not belong to them. The suit is for recovery of damages the trespasser caused to the property and for any profits he or she may have made while in possession of that property. For a trespass to be actionable, the tortfeasor must voluntarily go to a specific location, but need not be aware that he entered the property of a particular person. If A forces B unwillingly ont ...
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