The Theft Act 1968
c 60
is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

. It creates a number of offences against property in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

. On 15 January 2007 the

Fraud Act 2006 The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007. Purpose The Act gives a sta ...

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 The Criminal Law Revision Committee of England & Wales was a standing committee of learned legal experts that was called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform. While never formally abolish ...

to reform the English law of

theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...

. The

Larceny Act 1916 The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the Ac ...

had codified the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

, including

larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...

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

. This definition is supplemented by sections 2 to 6. The definition of theft under the Theft Act 1968 is:

Section 2 – "Dishonestly"

This section provides a partial definition of

dishonesty Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousn ...

for certain purposes.

Section 3 – "Appropriation"

Appropriation is defined as "Any assumption by a person of the rights of an owner". The courts have interpreted the assumption "of the rights of an owner" to mean that a person assumes at least one of a set of rights rather than having to assume ''all'' of the rights of the owners. This interpretation of the legislation was originally given in the case of '' R v Morris; Anderton v Burnside''

984 Year 984 ( CMLXXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – German boy-king Otto III (4-years old) is seized by the deposed Henry II ...

UKHL 1, and it has been endorsed by the decision in '' R v Gomez'' 993AC 442.

Section 4 – "Property"

The definition of

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

is:

Section 5 – "Belonging to another"

The definition of belonging to another is It is possible to have a proprietary right or interest over property that in the ordinary sense belongs to someone else. In the case of ''R v Turner (No. 2)'' 9711 WLR 901, the Court of Appeal found that a man had committed theft by driving away his car without having paid for repairs made on the car. The garage that repaired his car had a proprietary right over it. One can have a controlling interest in a piece of property even after selling it. In ''R v Marshall'' 9982 Cr App R 282, a group of defendants resold used tickets for the

London Underground The London Underground (also known simply as the Underground or by its nickname the Tube) is a rapid transit system serving Greater London and some parts of the adjacent counties of Buckinghamshire, Essex and Hertfordshire in England. The ...

. The Court of Appeal dismissed their appeal in part because the tickets said they were the property of London Underground, a condition of sale agreed to by the original buyer of the ticket. Section 5 includes subsections that deal with possession that has conditions. Section 5(3) deals with situations where a person has given property to another for a particular purpose: the person receiving the property is said to be engaging in theft if they use the property for some purpose it was not intended. If A gives B money to purchase a particular good for A and B buys something else with it without A's consent, even though the property is not in A's hands, A still has a controlling interest in it under Section 5(3). If one is placed under a duty to use property in a particular way, that obligation must be legal under civil law according to the Court of Appeal in ''R v Breaks and Huggan'' (1998). There are limits to the legal obligations one is liable for under Section 5(3). In ''R v. Hall'' (1972), a customer paid a deposit to a travel agent. The deposit was paid into the company's bank account but the travel agent went out of business. This was not an instance of theft as the money was legitimately paid as a deposit against cancellation and there was no specific obligation to spend the money in a particular way. Section 5(4) requires that if property is received by mistake it must be returned and failure to do so counts as appropriation. This was seen in action in ''Attorney-General's Reference (No. 1 of 1983)'' where a police officer was given £74 extra in her wages but failed to return it or alert her superiors to it. The Court of Appeal held it to be theft.

Section 6 – "Intention to permanently deprive"

This section provides that a person in order to be guilty of theft had the intention of permanently depriving the other of the property. In certain cases, the intention to deprive may be construed, even when the person may not have meant to deprive another of their property permanently, for example if the intention is to treat another's property as one's own to dispose of regardless of the other's rights.

Section 7 – Theft

This section provides that a person convicted of theft on indictment is liable to imprisonment to a term not exceeding seven years.

Section 8 – Robbery

Section 8(1) creates the offence of robbery. Section 8(2) provides that a person convicted on indictment of robbery or assault with intent to rob is liable to imprisonment for life.

Common assault Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally com ...

itself is defined at

Section 9 – Burglary

This section codifies the offence of burglary and provides for penalties for that offence on conviction on indictment. The offence consists of entering a building (including an "inhabited vehicle or vessel", such as a caravan or ship, and regardless of whether any inhabitant is there at the time) as a

trespasser In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the ...

, either with intent to commit (section 9(1)(a)), or actually committing or attempting to commit (section 9(1)(b)), an offence of theft, grievous bodily harm, or criminal damage. "Theft" for this purpose includes taking a conveyance without consent contrary to section 12(1). The maximum sentence is ten years' imprisonment, or fourteen years if the building is a dwelling. The entry may be by entry of the full body, entry of part of the body or entry by an instrument. Originally,

rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...

was one of the offences that could lead to a charge of burglary. This very narrow definition was replaced with the more general offence of trespass with intent to commit a sexual offence by section 63 of the

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 voyeur ...

. Trespass is usually a civil matter in English law.

Section 10 – Aggravated burglary

Section 10(1) creates the offence of

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 ...

, which involves the use of weapons or explosives. Section 10(2) provides that a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.

Section 11 – Removal of articles from places open to the public

This section creates the offence of

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 f ...

and provides that a person guilty of that offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years.

Section 12 – Taking motor vehicle or other conveyance without authority

Section 12(1) creates an offence of taking a conveyance without authority (referred to in police jargon as "taking without consent" or TWOC), which falls short of theft in that there is no intent to permanently deprive the owner of possession. "Conveyance" includes a land, water or air vehicle, but not an unmanned or remote-controlled vehicle, nor a pedal cycle. It is a summary offence with a maximum sentence of a level 5 fine on the standard scale or six months' imprisonment, or both. Section 12(4) allows a jury to return a verdict of TWOC on an indictment for theft of a vehicle. Section 12(5) creates a separate offence of taking a pedal cycle.

Section 12A – Aggravated vehicle-taking

This section, which was added by the

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 ...

, creates an offence of

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 of ...

, which involves either dangerous driving or causing injury or damage. It can only be committed in respect of a motor vehicle. It is an indictable offence carrying a maximum sentence of two years, or fourteen if it causes a person's death.

Section 13 – Abstracting of electricity

This section creates the offence of

abstracting electricity Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of b ...

. It replaces section 10 of the

. It is an indictable offence with a maximum sentence of five years.

Section 14 – Thefts from mails outside England and Wales

This section provides that theft of or from mail bags being transported between jurisdictions in Britain (including the Isle of Man and the Channel Islands), and robbery etc. during such a theft, can be prosecuted as though it was committed in England and Wales, even if the offence was committed elsewhere. This removes the burden on the prosecution to prove, for example, exactly where a train was when a theft took place on it.

Section 15 – Obtaining property by deception

This section created the offence of

obtaining property by deception Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by section 15 of the Theft Act 1968. Sections 15(1) and (2) of that Act read: This offence r ...

, a statutory version of the common law offence of cheating, and provided a definition of deception for the purpose of that offence and the offences under sections 15A, 16 and 20(2) of this Act and sections 1 and 2 of the

Theft Act 1978 The Theft Act 1978 (c 31) is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provis ...

. It was repealed and replaced by the more general offence of fraud under the

Sections 15A and 15B – Obtaining a money transfer by deception

Section 15A created the offence of

obtaining a money transfer by deception Obtaining a money transfer by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by section 15A of the Theft Act 1968. Section 15B made supplementary provision. Both of t ...

. Section 15B made supplementary provision. They were repealed and replaced by the more general offence of fraud under the

Section 16 – Obtaining pecuniary advantage by deception

This section created the offence of

obtaining pecuniary advantage by deception Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still subsists in certain other common ...

. It was repealed and replaced by the more general offence of fraud under the

Section 17 – False accounting

This section creates an offence of

false accounting False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland. England and Wales This offence is created by section 17 of the Theft Act 1968 which provides: ...

. It is an indictable offence with a maximum sentence of seven years.

Section 18 – Liability of company officers for certain offences by company

This section makes officers of corporations liable for offences under section 17 committed by the company where the offence was committed with the "consent or connivance" of that officer. Originally this also applied to offences under sections 15 and 16, but this was replaced by the offence of participating in a fraudulent business under section 9 of the

Section 19 – False statements by company directors etc

This section adds liability for any officer of a

corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...

legal entity In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for ...

who publishes false accounts with intent to deceive members or creditors of the body corporate or association about its affairs. It is an indictable offence with a maximum sentence of seven years.

Section 20 – Suppression, etc, of documents

Section 20(1) creates the offence of dishonestly destroying, defacing or concealing certain documents with intent to make a gain for oneself or loss for another. It is an indictable offence with a maximum sentence of seven years. Section 20(2) created the offence of procuring the execution of a valuable security by deception. This was replaced by fraud under the

Section 21 – Blackmail

This section creates the offence of blackmail. It is an indictable offence with a maximum sentence of fourteen years.

Section 22 – Handling stolen goods

This section creates the offence of

handling stolen goods Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...

. It is an indictable offence with a maximum sentence of fourteen years.

Section 23 – Advertising rewards for return of goods stolen or lost

This section replaces section 102 of the

Larceny Act 1861 The Larceny Act 1861 (24 & 25 Vict c 96) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was). It consolidated provisions related to larceny and similar offences from a number of earlier statutes into ...

.Ormerod, David. ''Smith and Hogan's Criminal Law''. Thirteenth Edition. Oxford University Press. 2011. p. 254. n. 49. The offence is made out only if the advertisement uses words to the effect that no questions will be asked, or claims to indemnify the person returning the goods against prosecution or reimburse them for any money paid or loaned for the goods. The printer or publisher is liable as well as the advertiser. A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Section 24 – Scope of offences relating to stolen goods

This section defines "stolen goods" for the purpose of relevant offences. In particular, goods stolen outside England and Wales (by way of a criminal offence in the relevant jurisdiction), and goods obtained by blackmail or fraud (within the meaning of the

), though not the object of an offence of theft under this Act, nonetheless qualify as stolen.

Section 24A – Dishonestly retaining a wrongful credit

This section, added by the Theft (Amendment) Act 1996, prohibits receiving a transfer of money to one's account that one knows or believes derives from theft, blackmail, fraud, or stolen goods, and dishonestly not trying to cancel the transfer. It is an indictable offence with a maximum sentence of ten years.

Section 25 – Going equipped

This section creates an offence of "going equipped" for burglary or theft. It is described by the marginal note to that section as "going equipped for stealing, etc", and by the preceding crossheading as "possession of housebreaking implements, etc". It includes any item that is designed to be used to carry out a theft or burglary, as well as any items made specifically by a thief for use in committing a burglary, etc. It is an indictable offence with a maximum sentence of three years. The offence originally applied also to the offence under section 15 of this Act, as a statutory version of the common law offence of going equipped for cheat. This application was replaced by section 6 of the

Notes

References

*Allen, Michael. ''Textbook on Criminal Law''. Oxford: Oxford University Press. (2005) . *Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977 *Griew, Edward. ''Theft Acts 1968 & 1978'', Sweet & Maxwell. *Martin, Jacqueline. ''Criminal Law for A2'', Hodder Arnold (2006). *Ormerod, David. ''Smith and Hogan Criminal Law'', 11th Ed., Oxford: Oxford University Press. (2005) *Smith, J. C. ''Law of Theft'', LexisNexis: London. (1997)

External links

*
Text of the Theft Act, as amended
{{UK legislation Acts of the Parliament of the United Kingdom concerning England and Wales English criminal law United Kingdom Acts of Parliament 1968

History

Provisions

Section 1 – Basic definition of "theft"

Section 2 – "Dishonestly"

Section 3 – "Appropriation"

Section 4 – "Property"

Section 5 – "Belonging to another"

Section 6 – "Intention to permanently deprive"

Section 7 – Theft

Section 8 – Robbery

Section 9 – Burglary

Section 10 – Aggravated burglary

Section 11 – Removal of articles from places open to the public

Section 12 – Taking motor vehicle or other conveyance without authority

Section 12A – Aggravated vehicle-taking

Section 13 – Abstracting of electricity

Section 14 – Thefts from mails outside England and Wales

Section 15 – Obtaining property by deception

Sections 15A and 15B – Obtaining a money transfer by deception

Section 16 – Obtaining pecuniary advantage by deception

Section 17 – False accounting

Section 18 – Liability of company officers for certain offences by company

Section 19 – False statements by company directors etc

Section 20 – Suppression, etc, of documents

Section 21 – Blackmail

Section 22 – Handling stolen goods

Section 23 – Advertising rewards for return of goods stolen or lost

Section 24 – Scope of offences relating to stolen goods

Section 24A – Dishonestly retaining a wrongful credit

Section 25 – Going equipped

See also

Notes

References

External links