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LPG1.1.04 Crime Theft Act 1968
Student Notes
Version 1.15
Student Notes IPLDP Central Authority Executive Services
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Learning Outcomes
When you have successfully completed this module, you will be able to:
1. Explain the elements of the Theft Act 1968 – Sections 1 to 7 Theft Act 1968
2. Summarise the offence of Burglary – Section 9 Theft Act 1968
3. Outline the offence of Aggravated Burglary - Section 10 Theft Act 1968
4. Explain the offence of Robbery – Section 8 Theft Act 1968
5. Outline the offence of Taking a Conveyance Without Consent – Section 12 Theft Act
1968
6. Outline the offence of Aggravated Vehicle Taking - Section 12A Theft Act 1968
7. Summarise the offence of Taking a Pedal Cycle - Section 12(5) Theft Act 1968
Key to Graphics
The pencil indicates an exercise or knowledge check for
you to complete.
The microscope tells you when there is a topic that may
require a closer look or further research or reading.
The exclamation mark highlights an area that you need to
pay close attention to.
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Table of Contents
Learning Outcomes ................................................................................................. 3 Key to Graphics ...................................................................................................... 3 Introduction ........................................................................................................... 6 Theft – Section 1 Theft Act 1968 ............................................................................... 6 Introduction ........................................................................................................... 6
Definition of Offence .......................................................................................... 6 Dishonestly....................................................................................................... 7 Genuine Belief................................................................................................... 8 Appropriates ..................................................................................................... 8 Property........................................................................................................... 9 Things in action............................................................................................... 10 Cultivated plants ............................................................................................. 10 Animals.......................................................................................................... 10 Land.............................................................................................................. 11 Electricity ....................................................................................................... 11 Belonging to another........................................................................................ 11 Intention to permanently deprive....................................................................... 13 Police Powers.................................................................................................. 13
Knowledge Check 1 ............................................................................................... 14 Knowledge Check 1 Answers................................................................................... 17 Burglary – Section 9(1) (a) and 9(1) (b) Theft Act 1968 ............................................. 20
Introduction.................................................................................................... 20 Definition of Offence ........................................................................................ 20 Enters............................................................................................................ 21 Building ......................................................................................................... 21 Part of a building ............................................................................................. 22 Trespasser...................................................................................................... 22 Police Powers.................................................................................................. 22 Distraction Burglary and Doorstep Crime ............................................................ 23 Burglary – Related Vehicle Theft ........................................................................ 23
Knowledge Check 2 ............................................................................................... 24 Knowledge Check 2 Answers................................................................................... 27 Aggravated burglary – Section 10 Theft Act 1968 ...................................................... 32
Weapon of offence........................................................................................... 33 Imitation firearm ............................................................................................. 33 Firearm.......................................................................................................... 33 Explosive........................................................................................................ 34 ‘Has with him’ ................................................................................................. 34
Knowledge Check 3 ............................................................................................... 35 Knowledge Check 3 Answers................................................................................... 38 Robbery – Section 8 Theft Act 1968......................................................................... 41
Introduction.................................................................................................... 41 Definition of Offence ........................................................................................ 41 Steals ............................................................................................................ 42 Immediately before or at the time ..................................................................... 42 In order to steal .............................................................................................. 42 Uses force ...................................................................................................... 43 Puts or seeks to put in fear ............................................................................... 43 Police Powers.................................................................................................. 46
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Dealing with Victims ........................................................................................ 46
Knowledge Check 4 ............................................................................................... 47 Knowledge Check 4 Answers................................................................................... 49 Taking a Conveyance without Consent – Section 12(1) Theft Act 1968 ......................... 51
Introduction.................................................................................................... 51 Definition of Offence ........................................................................................ 51 Police Powers.................................................................................................. 54 Crime Prevention............................................................................................. 54 Motorcycles .................................................................................................... 55 Practical Hints on Investigation.......................................................................... 56
Aggravated Vehicle Taking ..................................................................................... 57 The aggravating circumstances.......................................................................... 57 Defences ........................................................................................................ 59 Specific amendments or alternatives .................................................................. 59
Taking a Pedal Cycle without Consent – Section 12(5) Theft Act 1968 .......................... 60 Introduction.................................................................................................... 60 Definition of Offence ........................................................................................ 60 Police Powers.................................................................................................. 60 Crime Prevention............................................................................................. 61
Knowledge Check 5 ............................................................................................... 62 Knowledge Check 5 Answers................................................................................... 66
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Introduction
These Student Notes relate to the specific offences of Theft;
Burglary; Robbery; Taking a Conveyance without Consent and Taking
a Pedal Cycle without Consent, under the Theft Act 1968.
Other offences created by this Act (e.g. Aggravated Burglary and
Aggravated Vehicle Taking) are dealt with in separate Student Notes.
There is an NCALT e-learning package available that links to this
topic which you may wish to complete. It is called 'Vehicle Crime’.
Theft – Section 1 Theft Act 1968
Introduction
Theft, which in general terms, you will probably understand as
stealing property belonging to someone else, forms the basis of most
of the crimes reported to the police. It is therefore an offence that
you will deal with frequently as an officer. The legislation that deals
with this offence is the Theft Act 1968.
Definition of Offence
Section 1(1) of the Theft Act 1968 states that:
‘A person is guilty of theft if he dishonestly appropriates property
belonging to another, with the intention of permanently depriving the
other of it.’
In order to establish an offence of theft each element of the offence
must be proved, therefore they each need to be examined in detail.
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Not regarded as
dishonest when a
person has a
genuine belief…
Dishonestly
(Section 2 of the Theft Act 1968)
‘Dishonestly’ is not defined by the Act, but it states that the
appropriation is not to be regarded as dishonest if the person
appropriating property believes:
That he has in law the right to deprive the other of it on behalf of
himself or a third person.
For example: Smith appropriates Green’s umbrella in the
mistaken belief he owns it. This is not dishonest. Neither is it
when Smith, acting on behalf of Jones, appropriates Green’s
umbrella, having been told wrongly by Jones the umbrella was
his, even if Green disagrees.
Or that if in the belief that he would have the other's consent if
the other knew of the appropriation and the circumstances of it.
For example: Coates and Murray are next door neighbours.
Coates runs out of milk and takes a pint from Murray’s doorstep
without his knowledge. Coates must honestly believe that Murray
would have allowed the taking with regard to the circumstances.
Coates may well believe the taking of the milk for breakfast would
be acceptable to Murray. However, he may not believe taking the
milk to sell at a profit to a thirsty passer-by would receive
Murray’s consent.
Or
(Except where the property came to him as a trustee or personal
representative) that the person to whom the property belongs
cannot be discovered by taking reasonable steps.
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Onus on suspect
to prove ‘genuine
belief’
R v Ghosh (1982)
For example: ownership of a £1 coin found in the street is not likely
to be established easily, whereas a credit card is identifiable and
ownership would easily be determined.
Genuine Belief
It is for the suspect to prove that their belief in any of the above
three points was a genuine belief, no matter how foolish that belief
was. The court will make the final decision on this point.
This point is particularly relevant in the light of a stated case R v
GHOSH [1982] QB 1053 where the Court of Appeal sought to clarify
what was meant by dishonesty and decide whether, according to the
ordinary standards of reasonable and honest people, what was done
was dishonest. If it was not, then the defendant should be acquitted.
However, if it was dishonest by those standards, then the jury must
decide whether the person realised that reasonable and honest
people would regard what he did as dishonest. If the person did
realise this, then they have been dishonest.
A person’s taking of property belonging to another may be dishonest
notwithstanding that he is willing to pay for it. A person who takes a
bottle of milk from a doorstep but leaves the money is not
necessarily to be regarded as honest.
An assumption by
a person of the
rights of the
owner
Appropriates
(Section 3 of the Theft Act 1968)
‘Appropriates’ is defined by the Act as:
‘Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property
(innocently or not) without stealing it, any later assumption of a right
to it by keeping or dealing with it as owner’.
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This means the person treats the property as if it were their own to
do with as they like. For example, you lend your lawnmower to your
neighbour before you go on holiday. On your return you find your
neighbour has assumed your rights as the owner and sold it for cash.
Appropriation has taken place.
Example
A friend gives you a stolen book as a present. A week later you find
out about the theft. You decide to keep it and say nothing. You
came by the book innocently and without stealing it, but you
appropriate it when you decide to keep it and treat it as your own.
You have assumed the right of an owner although you know it
belongs to someone else.
Exemption
There is an exception, of course. Suppose, not knowing of the theft,
you bought the book, or exchanged a book of your own for it. What
if you later learn of the theft? It would be unfair if you committed
theft by keeping the book for which you had given something of
value in good faith.
The law recognises this and makes an exception for the person acting
in good faith in this way (Section 3 (2)). In the above circumstances
the rights of the original owner of the book would be a matter of civil
law and not a matter for the police to decide. It must be emphasised
that in such circumstances, the purchase or exchange must represent
‘value’ and must be made in good faith.
Property does not
include…
Property
(Section 4 of the Theft Act 1968)
Property includes money and all other property, real or personal,
including things in action and other intangible property, wild
creatures tamed or normally kept in captivity, but does not include:
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• Wild creatures.
• Mushrooms growing wild on any land, or flowers, fruit, foliage
of a plant growing wild on any land unless picked for reward,
sale or other commercial purpose.
‘Plant’ includes any shrub or tree; ‘mushroom’ includes any fungus.
(The exemption does not apply to uprooting whole plants or
removing branches from trees).
Things in action
Things in action and other intangible property include coal delivery
rounds, trademarks, patents, copyright etc. These are things that
have value, but have no physical substance. This area of theft is
quite complicated and one where you might need to seek advice from
a supervisor or prosecuting solicitor.
Any plant that is
sown or
cultivated by a
person
Cultivated plants
Trees, shrubs, flowers, vegetables etc. that have been planted, sown
or are cultivated are all property and are capable of being stolen. A
single daffodil bloom, an ear of wheat or a pea pod, provided some
person cultivates it, would technically be property for the purpose of
theft.
Animals
Any animal, which belongs to a person, is property for the purpose of
theft. Wild creatures tamed or untamed shall be regarded as
property. However, a person cannot steal a wild creature that has
not been tamed or that is ordinarily kept in captivity unless either it
has been reduced into possession by or on behalf of another person
and possession of it has not since been lost or abandoned, or another
person is in course of reducing it into possession. Cases involving
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deer, fish and game, which are not theft, will often be covered by
various Acts dealing with poaching.
There are special offences under the Theft Act covering the taking of
fish from private water and under the Deer Act 1991 for the taking or
killing of deer from private land. Other animals are protected in
separate legislation such as the Wildlife and Countryside Act 1981
and the Protection of Badgers Act 1992.
Land cannot be
stolen, however
things forming
part of the land
such as soil,
gravel, rocks etc.
can be stolen
Land
With some exceptions, land cannot be stolen. If a person complains
to you that they have had land taken from them unlawfully, it may
initially be a civil matter requiring the advice of a solicitor. However,
criminal offences may also have been committed and you should
consult your supervising officer.
If a person (not in possession of the land) goes onto land and digs up
and removes soil, gravel, turf, peat, rocks, etc. these are property
and capable of being stolen. The same will apply if they were taken
after the landowner had dug them up.
Electricity is not
property for
purpose of theft
Electricity
Electricity is not property that is capable of being appropriated. It is
for this reason that abstracting electricity could not be dealt with as a
straightforward offence of theft. Section 13 of the Theft Act 1968
refers to abstracting electricity (See LPG2_1_01 Abstracting
Electricity SN).
To be
appropriated,
property must
Belonging to another
(Section 5 of the Theft Act 1968)
The property appropriated must ‘belong’ to someone other than the
person appropriating it, or it cannot be stolen. If the owner throws it
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‘belong’ to
someone
away (the owner must intend to relinquish their interest in the
property and does not intend to pass the interest onto another
person) then it has no owner; it belongs to no one and generally it
cannot be stolen, even by a person who thinks they are stealing it
(although they may still be guilty under the Criminal Attempts Act
1981).
No owner = No
theft
Property is regarded as belonging to any person having possession or
control of it, or having ‘proprietary right or interest’ in it.
Suppose that you borrow a book from the library and you show it to
a colleague who, while reading it, has it snatched by someone who
runs off. Here, the person who runs off with the book may have
stolen it from your colleague (who had control of it) and from you
(who possessed it) and from the library (which still owns it).
If you borrow a library book and sell it to someone, you have
committed theft. Although the book was already in your possession,
you appropriated it when you decided to sell it, even though the
appropriation only becomes apparent when the sale takes place.
Only the library has the right to sell the book.
The suspect must assume the rights of an owner in relation to
property that belongs to someone else. If there is no owner, there is
no theft. However, abandoned and ownerless property will become
the property of the finder who takes possession of it, and the
property then becomes capable of being stolen from them.
Section 30(1) of the Theft Act 1968 states:
“This Act shall apply in relation to the parties to a marriage and to
property belonging to the wife or husband whether or not by reason
of an interest derived from the marriage, as it would apply if they
were not married and any such interest subsisted independently of
the marriage”.
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Intention to permanently deprive
(Section 6 of the Theft Act 1968)
A person permanently deprives another of property when the
intention is to treat the thing as their own, to dispose of regardless of
the other’s rights. Borrowing or lending may amount to so treating
but only if it is for a period and in circumstances making it equivalent
to an outright taking or disposal. The thief may deprive the other
by:
• Keeping it.
• Eating or drinking it.
• Selling it.
• Burying, breaking, destroying it.
• Throwing it away or leaving it where the owner is unlikely to
recover it.
• Keeping the property until it has no further use, e.g. retaining
a season ticket until after the season ends before returning it
to the owner.
Police Powers
Power to arrest without warrant – Constable/other persons.
Offences of theft from businesses, for example, straightforward
shoplifting where the value of the goods stolen does not exceed
£200, can be dealt with by issuing a penalty notice for disorder.
You should check your own force policy with regards to this
procedure with your tutor constable and/or supervisors.
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Knowledge Check 1
1. State the definition of the offence of Theft, contrary to Section
1, Theft Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
2. What is meant by ‘appropriates’ for the purpose of the Theft
Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
3. What constitutes ‘property’ for the purpose of the Theft Act
1968?
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
4. What is not regarded as ‘property’ for the purpose of the Theft
Act 1968?
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
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5. When may a person be said to have intended to permanently
deprive another of property considering Section 6 of the Theft
Act 1968?
_________________________________________________
_________________________________________________
_________________________________________________
6. THOMPSON arranges a shoot on her land. THOMPSON
instructs her employee, HILL, to shoot a large number of
rabbits and hares. THOMPSON then instructs HILL to take
them to the stable. HILL is poorly paid by THOMPSON so
returns to the stable at night and takes six rabbits home for
his family to eat. He does not have THOMPSON’s consent to
do this.
Does HILL commit the offence of theft contrary to section 1 of
the Theft Act 1968?
a) No, as THOMPSON did not induce the animals into
HILL’s possession.
b) No, as rabbits and hares are wild creatures and
cannot be stolen.
c) Yes, as the animals formed part of THOMPSON’s land.
d) Yes, as HILL permanently deprived THOMPSON of the
hares.
7. In which of the following circumstances has an offence of theft
been committed, with regard to Section 1 of the Theft Act
1968?
i) MARSHALL is owed £50 by HORSEY for work
carried out on his computer. HORSEY accidentally
includes an extra £20 in the notes when he pays
the bill by mistake. MARSHALL, realising the
error, decides to keep the money saying nothing.
ii) PAYNE has her car repaired at a local garage. She
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telephones the garage and is told the bill is £350
which is payable on collection of the car. PAYNE
thinks this is excessive and decides to use the
spare key to the car to take it from the street
outside the garage where PAYNE knows the car is
parked.
a) i) only
b) ii) only
c) Both
d) Neither
8. Theft is an offence that the police deal with frequently. It is
categorised in a certain way within the Criminal Justice
System. How is the offence of theft dealt with by the Criminal
Justice System?
a) It is triable either way.
b) It is triable on Indictment only.
c) It is triable summarily only.
d) It is a Common Law offence.
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Knowledge Check 1 Answers
1. State the definition of the offence of Theft, contrary to
Section 1 Theft Act 1968.
‘A person is guilty of theft if he dishonestly appropriates
property belonging to another, with the intention of
permanently depriving the other of it.’
2. What is meant by ‘appropriates’ for the purpose of the
Theft Act 968?
‘Any assumption by a person of the rights of an owner
amounts to an appropriation, and this includes, where he has
come by the property (innocently or not) without stealing it,
any later assumption of a right to it by keeping or dealing with
it as owner’.
3. What constitutes ‘property’ for the purpose of the Theft
Act 1968?
Property includes money and all other property, real or
personal, including things in action and other intangible
property, wild creatures tamed or normally kept in captivity.
4. What is not regarded as ‘property’ for the purpose of the
Theft Act 1968?
The following are not included:
• Mushrooms growing wild on any land, or
• Flowers, fruit, foliage of a plant growing wild on any
land unless picked for reward, sale or other commercial
purpose.
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5. When may a person be said to have intended to
permanently deprive another of property considering
Section 6 of the Theft Act 1968?
A person permanently deprives another of property when the
intention is to treat the thing as their own, to dispose of
regardless of the other’s rights.
6. THOMPSON arranges a shoot on her land. THOMPSON
instructs her employee, HILL, to shoot a large number of
rabbits and hares. THOMPSON then instructs HILL to
take them to the stable. HILL is poorly paid by
THOMPSON so returns to the stable at night and takes
six rabbits home for his family to eat. He does not have
THOMPSON’s consent to do this.
Does HILL commit the offence of theft contrary to
section 1 of the Theft Act 1968?
a) No, as THOMPSON did not induce the animals into
HILL’s possession.
b) No, as rabbits and hares are wild creatures and
cannot be stolen.
c) Yes, as the animals formed part of THOMPSON’s land.
d) Yes, as HILL permanently deprived THOMPSON of the
hares.
The correct answer is D
7. In which of the following circumstances has an offence
of theft been committed, with regard to Section 1 of the
Theft Act 1968?
MARSHALL is owed £50 by HORSEY for work carried out
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on his computer. HORSEY accidentally includes an extra
£20 in the notes when he pays the bill by mistake.
MARSHALL, realising the error, decides to keep the
money saying nothing.
PAYNE has her car repaired at a local garage. She
telephones the garage and is told the bill is £350 which
is payable on collection of the car. PAYNE thinks this is
excessive and decides to use the spare key to the car to
take it from the street outside the garage where PAYNE
knows the car is parked.
a. i) only
b. ii) only
c. Both
d. Neither
The correct answer is C
8. Theft is an offence that the police deal with frequently.
It is categorised in a certain way within the Criminal
Justice System. How is the offence of theft dealt with by
the Criminal Justice System?
a) It is triable either way.
b) It is triable on Indictment only.
c) It is triable Summarily only.
d) It is a Common Law offence
The correct answer is A
You should re-visit any areas that you are unsure about
before moving on.
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Burglary – Section 9(1) (a) and 9(1) (b)
Theft Act 1968
Introduction
Offences against property and persons are generally regarded as
more serious if the criminal entered premises where they had no
right to be, in order to commit the crime.
You may deal with an offence of burglary very early in your career.
It is therefore essential that you are able to recognise the offence in
order that you can effectively take the appropriate action.
Definition of Offence
The offence of burglary is contained within the Theft Act 1968.
It is committed by a person who enters a building or part of a
building as a trespasser with intent to:
• steal anything in the building or part of the building, or
• inflict grievous bodily harm on any person therein, or
• do unlawful damage to the building or anything therein
(Contrary to Section 9(1) (a) of the Theft Act 1968)
or
having entered any building or part of a building as a trespasser:
1. steals or attempts to steal anything therein, or
2. inflicts or attempts to inflict grievous bodily harm on any
person therein
(Contrary to Section 9(1)(b) of the Theft Act 1968)
It is important that you remember that Sections 9(1) (a) and 9(1)
(b) are different offences with some different points to prove.
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Entry must be to
commit one of
the ulterior
offences of theft,
criminal damage
or GBH
Enters
For the Section 9(1) (a) the entry has to be with intent to commit
one of the offences listed and may be by bodily entry, part of the
body or instrument. However, where entry by part of the body or by
instruments is merely to facilitate entry, then this will not amount to
a burglary at that stage, but may well be sufficient to constitute an
offence of attempted burglary, for example where a person uses an
arm or a coat hanger to retrieve a door key to gain access.
For the 9(1) (b) offence the offender does not require intention at the
point of entry but only after they have entered the building or part of
a building as a trespasser. This means that a person may not have
had the intention to steal or commit grievous bodily harm when they
entered the building (as a trespasser) but later formed this intention.
A building must
have a degree of
permanence
Does not include
‘tents’
Building
Generally, the term ‘building’ can be easily understood; to be a
building the place must have some degree of permanence. However,
inhabited vehicles and vessels in use as dwellings are buildings for
this purpose and will remain so even when the occupiers are
temporarily away, for example a caravan.
When a vehicle or vessel is no longer in use as a dwelling, burglary
cannot be committed in it. The term ‘building’ does not extend to a
tent, but it can include a portable structure which is intended for
permanent use as offices, workshops or stores and has the main
characteristics of a building except for foundations (i.e. walls and a
roof).
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Part of a building
This is included to cover a situation where, in the same building, a
person may have a right to be in one place, but not in another. An
example of this could be where two lodgers share the same house.
One lodger enters the other lodger’s room without permission in
order to steal. He goes from the hallway where he has permission to
be, into the other lodger’s room, where he does not have permission
to be, and is, therefore, a trespasser.
Another example is that of an open-plan shop with a central,
enclosed till area. People have permission to be in the main part of
the shop, but anyone entering the till area without permission would
be a trespasser.
Trespasser
This means being there without the consent of a person who can give
such consent, or without other lawful authority. This is fairly
straightforward. However, a possibility which may be new to you is
where a person gains consent to enter premises by deception; in
other words, there is no true consent and he or she is a trespasser.
An example is where a person gains entry to a house by pretending
to be an official wishing to read a meter, but actually intending to
steal. In these circumstances the person is a trespasser.
Police Powers
Burglary is triable on indictment if the ‘ulterior offence’ is so triable,
or if committed in a dwelling and violence used, or threatened,
otherwise triable either way.
Power of arrest without warrant – Constable/other persons.
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Distraction Burglary and Doorstep Crime
Distraction Burglary should not be viewed as separate from other
doorstep crimes such as bogus property repairers or dishonest
salesmen. A common feature of doorstep crime is that the majority
of victims are the elderly or vulnerable people. The impact on this
group of victims can lead to a loss of self-confidence, illness and on
occasions, death.
You need to consider engaging partners at an early stage to raise
public awareness to protect this group of victims in the community.
When dealing with victims of distraction-type offences empathy, tact
and sensitivity are required. You should consider whether a specially
trained officer should interview the victim using Achieving Best
Evidence (ABE) interview techniques. You should promptly arrange
E-FIT and photo I.D. where appropriate and ensure Victim Support
referrals are carried out.
Burglary – Related Vehicle Theft
Burglary Related Vehicle Theft is where during a burglary, vehicle
keys are taken which enables the vehicle to be stolen.
When giving out Crime Prevention Advice you may want to consider
amongst other advice the following:
• Not to leave vehicle keys in an obvious place;
• Keep vehicle keys from view for example leaving them
hanging up in the kitchen, placed on the hallway or porch
table;
• Park the vehicle in the garage if one is available.
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Knowledge Check 2
Before leaving your study of this section you should be able to answer
the following questions. Check your answers and revise as necessary.
1. State the offence of burglary, contrary to Section 9(1)(a) &
9(1)(b) of the Theft Act 1968.
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
2. What does the term ‘building’ include?
________________________________________________
________________________________________________
________________________________________________
3. What is the meaning of ‘trespasser’?
________________________________________________
________________________________________________
________________________________________________
4. HACKETT lends WELLS his lawnmower. Shortly after, the
lawnmower breaks down and WELLS take it for repair. At the
same time, WELLS buys himself an identical lawnmower for his
own use which he keeps in his garage. It is his intention to
return HACKETT’s lawnmower to him when it has been
repaired. After 2 months, HACKETT tires of waiting for his for
his lawnmower and decides to enter WELLS’ garage to get his
lawnmower back. Believing it to be his, HACKETT takes WELLS’
new lawnmower and locks this in his garden shed.
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Which of the following statements is true?
a) HACKETT commits Burglary 9(1)(b) because he has
entered a building, or part of a building and committed
theft.
b) HACKETT commits theft only, because he has dishonestly
appropriated the property.
c) HACKETT commits no offence because he believes that he
has a right in law to the property.
d) HACKETT commits Burglary 9(1)(a) because he entered a
building, or part of a building, with intent to commit theft.
5. Which of the following would not be an example of a person
entering a ‘building or part of a building’ within the scope of
Section 9 of the Theft Act 1968?
a) A hotel guest entering another hotel guest’s room.
b) A person entering a tent used by a family as a summer
residence.
c) A shopper entering a till area marked staff only.
d) A person entering an unfinished house being built which
has a roof and walls.
6. BRADLEY inserts a length of wire through the letterbox of a
house, no part of his body enters the house. Which of the
following would amount to an entry for the offence of burglary?
i. Using a wire to release the door latch of a house.
ii. A person using a wire to remove an envelope from the
hallway of the house.
a) i only.
b) ii only.
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c) Both.
d) Neither.
7. Burglary can only be committed in a building or part of a
building. For the purposes of burglary, the term building also
includes:
a) Inhabited vessels only.
b) All vehicles and vessels.
c) Inhabited vehicles only.
d) Inhabited vehicles and inhabited vessels.
8. Who are the Main of victims of Distraction Burglary and how
should you deal with victims of distraction-type offences?
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
9. List the Crime Prevention Advice for Burglary Related Vehicle
Theft you would give.
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
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Knowledge Check 2 Answers
1. State the offence of burglary, contrary to Section 9(1)(a)
and 9(1)(b) of the Theft Act 1968
Burglary is committed by a person who enters a building or
part of a building as a trespasser with intent to:
• steal anything in the building or part of the building, or
• inflict grievous bodily harm on any person therein, or
• do unlawful damage to the building or anything therein
(Contrary to Section 9(1)(a) of the Theft Act 1968)
or
having entered any building or part of a building as a
trespasser:
3. Steals or attempts to steal anything therein, or
4. inflicts or attempts to inflict grievous bodily harm on any
person therein.
(Contrary to Section 9(1)(b) of the Theft Act 1968)
2. What does the term ‘building’ include?
Generally, the term ‘building’ can be easily understood; to be a
building the place must have some degree of permanence.
However, inhabited vehicles and vessels in use as dwellings are
buildings for this purpose and will remain so even when the
occupiers are temporarily away, for example a caravan.
3. What is the meaning of ‘trespasser’?
This means being there without the consent of a person who
can give such consent, or without other lawful authority.
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4. HACKETT lends WELLS his lawnmower. Shortly after, the
lawnmower breaks down and WELLS take it for repair. At
the same time, WELLS buys himself an identical
lawnmower for his own use which he keeps in his garage.
It is his intention to return HACKETT’s lawnmower to him
when it has been repaired. After 2 months, HACKETT
tires of waiting for his for his lawnmower and decides to
enter WELLS’ garage to get his lawnmower back.
Believing it to be his, HACKETT takes WELLS’ new
lawnmower and locks this in his garden shed.
Which of the following statements is true?
a) HACKETT commits Burglary 9(1)(b) because he has
entered a building, or part of a building and
committed theft.
b) HACKETT commits theft only, because he has
dishonestly appropriated the property.
c) HACKETT commits no offence because he believes
that he has a right in law to the property.
d) HACKETT commits Burglary 9(1) (a) because he
entered a building, or part of a building, with intent
to commit theft.
The correct answer is C
5. Which of the following would not be an example of a
person entering a ‘building or part of a building’ within
the scope of Section 9 of the Theft Act 1968?
a) A hotel guest entering another hotel guest’s room.
b) A person entering a tent used by a family as a
summer residence.
c) A shopper entering a till area marked staff only.
d) A person entering an unfinished house being built
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which has a roof and walls.
The correct answer is B
6. BRADLEY inserts a length of wire through the letterbox of
a house, no part of his body enters the house. Which of
the following would amount to an entry for the offence of
burglary?
i. Using a wire to release the door latch of a house.
ii. A person using a wire to remove an envelope from
the hallway of the house.
a) i only.
b) ii only.
c) Both.
d) Neither.
The correct answer is B
7. Burglary can only be committed in a building or part of a
building. For the purposes of burglary, the term building
also includes:
a) Inhabited vessels only.
b) All vehicles and vessels.
c) Inhabited vehicles only.
d) Inhabited vehicles and inhabited vessels.
The correct answer is D
8. GREEN goes to the supermarket in order to buy a drink.
There is a wedged open door next to the drinks cabinet
behind which there are several packs of fresh meat. The
door has a sign stating staff only but as the door is open
GREEN reaches in and grabs a pack of fresh meat before
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leaving the store.
Has GREEN committed the offence of burglary contrary to
section 9 of the Theft Act 1968?
a) No, as GREEN entered the store with permission the
offence will only be theft.
b) Yes, as GREEN entered part of the supermarket as a
trespasser, and stole the meat.
c) No, as GREEN did not have the intention to steal the
meat when he entered the supermarket.
d) Yes, as GREEN exceeded the conditions of entry to the
supermarket.
The correct answer is B
9. Who are the main of victims of distraction burglary and how
should you deal with victims of distraction-type offences? The
majority of victims are the elderly and/or vulnerable. When
dealing with victims of distraction-type offences empathy, tact
and sensitivity are required. Consider using Achieving Best
Evidence (ABE) interview techniques. Promptly arranging E-FIT
and photo I.D. where appropriate. Ensure Victim Support
referrals are carried out.
9. List the Crime Prevention Advice for Burglary Related Vehicle
Theft you would give.
You may want to consider amongst other advice the following:
• Not to leave vehicle keys in an obvious place;
• Keep vehicle keys from view for example leaving them hanging
up in the kitchen, placed on the hallway or porch table;
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• Park the vehicle in the garage if one is available
• Invest in a good home security system
• Simple crime prevention measures such as remembering to
keep door & windows locked.
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Aggravated burglary – Section 10 Theft Act
1968
Before reading these lesson notes, you must make yourself aware of
the definition of the offence of burglary. These notes go on to look at
a more severe form of burglary, aggravated burglary, by looking at
what constitutes the aggravation to the offence, and the definitions of
the component parts, all of which will enable you to identify an
aggravated burglary from a given set of circumstances.
The difference
between burglary
and aggravated
burglary
Aggravated Burglary Section 10(1), Theft Act 1968
Triable on indictment only
Power of arrest without warrant – Constables/other persons
‘... if he commits any burglary and at the time has with him any
firearm or imitation firearm, any weapon of offence, or any explosive’.
The difference between burglary and aggravated burglary is simple.
From your earlier reading you will know what constitutes the offence
of burglary. Aggravated burglary has exactly the same elements plus
the additional evidence that, at the time of committing the offence,
the accused person has with him one or more of the four named
articles listed below:
Or in mnemonic form ... has with him his WIFE:
Weapon of offence
Imitation firearm
Firearm
Explosive.
Let us briefly examine those named prohibited articles, because it is
essential you understand their meaning.
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Weapon of offence
Weapon of Offence Section 10(1)(b), Theft Act 1968
A weapon of offence is any article made or adapted for use for causing
injury to, or incapacitating a person, or intended by the person having
it with him for such use.
Imitation firearm
Imitation Firearm Section 10(1)(a), Theft Act 1968
Anything having the appearance of being a firearm, whether capable
of being discharged or not.
This definition obviously includes toy guns and replicas but, in certain
circumstances, it includes other articles too. The Act requires that the
accused is carrying a ‘thing’ which is separate and distinct from his or
her person and therefore capable of being possessed. Consequently, a
person who places their fingers inside a coat pocket so as to give the
appearance of having a concealed gun would not be classed as
carrying an imitation firearm, as an un-severed hand or finger is part
of oneself and cannot be possessed.
Firearm
Firearm Section 10(1)(a), Theft Act 1968
which states:
‘Firearm includes an airgun or air pistol.’
The legislation does not define the term ‘firearm’ itself. The courts will
therefore have to apply the term realistically to anything that can be
fired and can kill or wound.
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Explosive
Explosive Section 10(1)(c), Theft Act 1968
‘Explosive means any article manufactured for the purpose of
producing a practical effect by explosion, or intended by the person
having it with him for that purpose.’
The word ‘explosive’, therefore, has a broad meaning. In addition to
the more obvious items, such as gelignite carried by a safe-blower, it
includes many other things, for example, grenades, thunder flashes
and fireworks.
‘Has with him’
‘Has with him’ means knowingly having physical possession at the
time of committing the burglary.
In cases where two or more persons commit burglary and one of them
has physical possession of a prohibited article, then all who knew of
the article are guilty of aggravated burglary.
When the article is a ‘weapon of offence’, which has become such only
because the person having it with him intends to use it to cause
injury, then his co-defendant must, in addition to knowing of the
article, also either know of their co-accused intentions or have that
intention himself.
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Knowledge Check 3
1. State the definition of aggravated burglary contrary to Section
10(1) of the Theft Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
2. Explain the meaning of ‘has with him’.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
3. Explain the meaning of ‘firearm’ and ‘imitation firearm’ as
defined by Section 10(1) (a) of the Theft Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
4. Explain the meaning of ‘weapon of offence’ as defined by
Section 10(1) (b) of the Theft Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
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5. Explain the meaning of ‘explosive’ as defined by Section 10(1)
(c) of the Theft Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
6. Terry JAMES commits the offence of burglary. At the time he
commits this offence he has the following items in his
possession:
a) an airgun
b) a flick-knife
c) a hammer
d) a crowbar
e) a rope.
Which of the above items would make the offence aggravated
burglary?
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
7. For a person to commit the offence of aggravated burglary
under Section 10(1) of the Theft Act 1968, he must commit a
burglary whilst having an article capable of becoming a
weapon of offence with them. Which of the articles below
could be included?
1. A flick-knife
2. A screw driver
3. A pair of handcuffs
4. A rope for tying up a security guard
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5. A pen
6. A firework
7. A can of deodorant
8. An imitation firearm
a) (1), (3) and (8) only
b) (1) only.
c) All of the above
d) None of the above.
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Knowledge Check 3 Answers
1. State the definition of aggravated burglary contrary to
Section 10(1) of the Theft Act 1968.
‘A person is guilty of aggravated burglary if he commits any
burglary and at the time has with him any firearm or imitation
firearm, any weapon of offence, or any explosive’.
2. Explain the meaning of ‘has with him’.
‘Has with him’ means knowingly having physical possession at
the time of committing the burglary.
In cases where two or more persons commit burglary and one
of them has physical possession of a prohibited article, then
all who knew of the article are guilty of aggravated burglary.
When the article is a ‘weapon of offence’, which has become
such only because the person having it with him intends to
use it to cause injury, then his co-defendant must, in addition
to knowing of the article, also either know of their co-accused
intentions or have that intention himself.
3. Explain the meaning of ‘firearm’ and ‘imitation firearm’
as defined by Section 10(1) (a) of the Theft Act 1968.
Firearm: Section 10(1)(a), Theft Act 1968 states:
‘Firearm includes an airgun or air pistol.’
The legislation does not define the term ‘firearm’ itself.
Imitation Firearm: Section 10(1)(a), Theft Act 1968
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‘Anything having the appearance of being a firearm, whether
capable of being discharged or not.’
The Act requires that the accused is carrying a ‘thing’ which is
separate and distinct from his or her person and therefore
capable of being possessed.
4. Explain the meaning of ‘weapon of offence’ as defined
by Section 10(1) (b) of the Theft Act 1968.
Weapon of Offence: Section 10(1)(b), Theft Act 1968
‘A weapon of offence is any article made or adapted for use
for causing injury to, or incapacitating a person, or intended
by the person having it with him for such use.’
5. Explain the meaning of ‘explosive’ as defined by Section
10(1) (c) of the Theft Act 1968.
Explosive Section: 10(1)(c), Theft Act 1968
‘Explosive means any article manufactured for the purpose of
producing a practical effect by explosion, or intended by the
person having it with him for that purpose.’
6. Terry JAMES commits the offence of burglary. At the
time he commits this offence he has the following items
in his possession:
a) an airgun
b) a flick-knife
c) a hammer
d) a crowbar
e) a rope.
Which of the above items would make the offence
aggravated burglary?
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a) Yes – this is a firearm
b) Yes – this is a weapon of offence
c) No unless JAMES had it with him intending to use it to
cause injury to or incapacitate a person
d) No unless JAMES had it with him intending to use it to
cause injury to or incapacitate a person
e) No unless JAMES had it with him intending to use it to
cause injury to or incapacitate a person
7. For a person to commit the offence of aggravated
burglary under Section 10(1) of the Theft Act 1968, he
must commit a burglary whilst having an article capable
of becoming a weapon of offence with them. Which of
the articles below could be included?
1. A flick-knife
2. A screw driver
3. A pair of handcuffs
4. A rope for tying up a security guard
5. A pen
6. A firework
7. A can of deodorant
8. An imitation firearm
a) (1), (3) and (8) only
b) (1) only
c) All of the above
d) None of the above.
The correct answer is c) All of the above
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No theft = no
robbery
Robbery – Section 8 Theft Act 1968
Introduction
Robbery is an aggravated form of theft. A robbery cannot be
committed unless there is a theft. ‘A person is guilty of robbery if he
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’. It is
an offence contrary to Section 8 of the Theft Act 1968.
In recent years the term ‘mugging’ has been commonly used to
describe an incident where a person has had property stolen and
been assaulted in the street. In fact what has occurred is an offence
of robbery. Other examples of robberies are when offenders take
money from banks, building societies and security vehicles by threat
or use of violence, including the use of firearms and other weapons
such as knives.
Robbery can be committed anywhere, for example in a building or in
the street, unlike an offence of burglary which can only be committed
in a building or part of a building.
Definition of Offence
A person is guilty of robbery when he or she:
• Steals and,
• immediately before doing so, or
• at the time of doing so, and
• in order to do so,
• uses force on any person, or
• puts or seeks to put, any person in fear of being then and
there subjected to force
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Steals
It is essential that for an offence of robbery to take place, there must
be a theft. Remember, no theft, no robbery! For example, taking a
conveyance is not theft.
It may be useful for you to refresh your memory about the offence of
theft before you go any further. If so, return to the section on theft
on these notes.
Immediately before or at the time
The force used or threatened must be in order to steal and must
occur ‘immediately before’ or ‘at the time’ of the stealing.
An example of ‘at the time’ would be where a youth pushes a person
to the ground and grabs the briefcase they are carrying and runs
away with it. This would amount to a robbery because force was
used ‘at the time’ in order to steal the briefcase.
How far the courts will go in defining ‘immediately before’ will depend
on the circumstances of each case.
Force used or
putting/seeking
to put in fear
must be in order
effect the theft.
In order to steal
The force ‘used’ or the ‘putting or seeking to put in fear’ must be in
order to steal. If the force is used for another purpose, such as
escaping and is not used to carry out the theft, then there cannot be
a conviction for robbery.
For example, two persons argue and one threatens to assault the
other. The person is scared and gives money to the other to leave
them alone. This is not a robbery because the force was not used in
order to steal.
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Uses force
Force has to be used on a person to satisfy this part of the
definition. An accidental use of force will not be a robbery. Force can
include pulling property from a persons grasp.
It can be used against the victim of theft, for example, the person
who is pushed to the ground in order to steal their handbag/wallet.
An example of ‘force being used’ against another person is as follows.
A man broke into a house in the middle of the night and became
frustrated at not being able to find any cash, so he went upstairs,
lifted a three month old baby from its cot and took the baby into the
room of the parents. The man held a knife to the baby’s throat and
threatened to stab the baby unless the parents handed over some
money. The father handed over the contents of his wallet. The man
released the baby and made good his escape. In this example force
was actually used on the baby by picking it up and taking it through
to the parents in order to steal. This amounted to a robbery.
Generally, robberies are clear examples of an aggravated theft where
a victim is attacked in order to steal. However, there are some areas
that are not as clear. For example, the mere snatching of a bag from
a victim who offers no resistance will not amount to force and
therefore would not be an offence of robbery. It would be an offence
of theft. However if a person did offer resistance it would possibly be
robbery as in R v Clouden [1987] Crim LR 56.
Puts or seeks to put in fear
When actual force is not used the ‘putting’ or ‘seeking to put’ a
person in fear of being then and there subjected to force is sufficient
to constitute a robbery, even though force has never been used.
When any person is ‘put’ in fear of being then and there subjected to
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force, could be proved by the victim stating this in their written
statement. Words and phrases used by the accused, such as “Give
me your money!” would be good evidence.
Where the accused can be shown to have sought ‘to put a person in
fear’, it does not matter if anyone was actually frightened as long as
it is proved that the accused ‘sought’ to put the person in fear.
Proving this point could be difficult without an admission by the
accused, but circumstantial evidence of the conduct by the accused
would be useful.
Person put in fear
or intended to be
put in fear can be
any person
The force threatened can also be used against another person, not
the person suffering the theft. The intention must be to put or seek
to put a person in fear for himself of being then and there subjected
to force.
For example, a man was walking home with his wife at 10.30 pm.
The accused approached them, held a knife to his wife’s throat and
said, “Hand over your money or I will stab your wife!” The man
handed over his wallet. The accused would not be guilty of robbery
in this case because he/she sought to put a person (his wife) in fear
of being then and there subjected to force in order to steal from the
husband.
There must be an intention to put a person in fear for himself of
being then and there subjected to force. A threat to put someone in
fear of another (in this case the wife) is not enough. (R v Taylor
[1996] 10 Archbold News 2). However, if the robber then pulled the
wife’s head back and made a small cut on her throat, this would be
robbery as force was used (even though on a third party) in order to
steal.
An example of circumstances that would not be sufficient to amount
to ‘puts’ or ‘seeks to put’ a person in fear would be as follows. An
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elderly woman is approached by the accused in a dark alley. He
politely asked her if she would give him a pound so that he could get
the bus home as he had lost his wallet. The woman feels threatened
by the man and hands over a pound. The man then leaves and gets
the bus home. These circumstances do not amount to a robbery
because the victim was not intentionally put in fear and not in order
to steal.
Another area to consider is the age of the person being ‘put’ or
‘sought to be put’ in fear of having force used against them.
Consider the following set of circumstances. The accused
approached a mother with a three months old baby in a pram. The
accused pointed the gun at the baby and told the mother that he
would shoot the baby unless she handed over her purse. The mother
handed her purse to the accused. These circumstances do not
amount to a robbery because the baby was not put in fear of being
then and there subjected to force because the baby was unable to
understand what was happening and the mother was not put in fear
for herself.
Where the person is too young to be ‘put’ in fear and where it would
not be possible to ‘seek’ to put such a child in fear, then this part of
the offence cannot be proved. It would however still be an
attempted robbery.
Consider this last set of circumstances against the example used
earlier where the man broke into a house during the middle of the
night and took the baby into the parents’ room and demanded
money. The difference in that case being, force was used directly
against a person, the baby, by the physical act of picking up. In this
last example, force was threatened against the baby unless the
parents gave over money. This cannot be a robbery, as you know;
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there must be an intention to put a person in fear for himself. A
threat made to put someone in fear of another suffering force is not
enough. (R v Taylor [1996] 10 Archbold News 2).
Police Powers
Triable on indictment only – Life imprisonment.
Power of arrest without warrant - Constable/other persons.
Consider crime
prevention
advice.
Dealing with Victims
The victim of a robbery may be shocked, frightened and may have
injuries as a result of force being used against them. Others may
have suffered a great financial loss. Some victims will be
traumatised and require immediate medical attention. Consider
Victim Support when dealing with these people.
Most people regard robbery as a serious offence. Throughout your
duties you should try to help people prevent such crimes.
Consider, for example, if it is necessary to carry large amounts of
money in public, or why money is collected from a bank at the same
time each day. Give advice to people where you can and if
necessary, refer them to your local crime prevention officer. Often
simple crime prevention measures could have avoided the offence
taking place.
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Knowledge Check 4
Before leaving your study of this section you should be able to
answer the following questions. Check your answers and revise as
necessary.
1. State the offence of robbery, contrary to Section 8 of the
Theft Act 1968.
________________________________________________
________________________________________________
_______________________________________________
2. MILLS sees a woman pushing a pram in the park. She
approaches the woman, points to the baby in the pram, and
says, “Give me your money or I’ll hurt the kid.” The baby is
6 months old. Fearing MILLS would hurt the child the woman
hands over her purse. MILLS runs off with the purse. At what
stage, if any, does MILLS commit robbery?
a) When she points to the baby
b) When she makes the demand
c) When she takes the money
d) At no time
3. In which, if any, of the following circumstances has an offence
of robbery been committed?
i) MICK has missed his last bus home and decides to steal a
motor cycle being ridden by JOHN. He violently drags JOHN
off the bike and then rides it home. He later changes his
mind about keeping the bike and dumps it nearby.
ii) BILL sees FRED, a shopkeeper carrying a large amount of
money in the street. BILL stops FRED and says, “Give me
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the money or I will come round the shop tomorrow and give
you a hiding.” FRED is frightened by the threat and hands
over the money.
a) i only.
b) ii only.
c) Both.
d) Neither.
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Knowledge Check 4 Answers
1. State the offence of robbery, contrary to Section 8 of
the Theft Act 1968.
A person is guilty of robbery when he or she:
• Steals and,
• immediately before doing so, or
• at the time of doing so, and
• in order to do so,
• uses force on any person, or
• puts or seeks to put, any person in fear of being then and
there subjected to force.
2. MILLS sees a woman pushing a pram in the park. She
approaches the woman, points to the baby in the pram,
and says, “Give me your money or I’ll hurt the kid.” The
baby is 6 months old. Fearing MILLS would hurt the
child the woman hands over her purse. MILLS runs off
with the purse. At what stage, if any, does MILLS
commit robbery?
a) When she points to the baby
b) When she makes the demand
c) When she takes the money
d) At no time
The correct answer is D
3. In which, if any, of the following circumstances has an
offence of robbery been committed?
i. MICK has missed his last bus home and decides to
steal a motor cycle being ridden by JOHN. He
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violently drags JOHN off the bike and then rides it
home. He later changes his mind about keeping the
bike and dumps it nearby.
ii. BILL sees FRED, a shopkeeper carrying a large
amount of money in the street. BILL stops FRED and
says, “Give me the money or I will come round the
shop tomorrow and give you a hiding.” FRED is
frightened by the threat and hands over the money.
a) i only.
b) ii only.
c) Both.
d) Neither.
The correct answer is A
You should re-visit any areas that you are unsure about
before moving on.
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Taking a Conveyance without Consent –
Section 12(1) Theft Act 1968
Introduction
The taking of a conveyance without the owner’s consent is a regular
occurrence, particularly in urban areas, and is a growing problem
nationwide.
Taking a conveyance without the owner’s consent differs from theft
in that there is no need to show an intention to permanently deprive
the owner and dishonesty is not required for the offence.
Often young people commit the offence and the vehicles are
abandoned quite soon after being taken. This was commonly termed
as ‘joyriding’, but as a result of the great increase in the offence and
the associated danger, damage and costs incurred, this is no longer
considered to be an appropriate description.
Sometimes, however, vehicles are taken for other purposes, for
example to be used in the serious crime of ‘ram raiding’.
Definition of Offence
The offence is covered by Section 12(1) of the Theft Act 1968 which
states:
A person shall be guilty of an offence if
• without the consent of the owner or other lawful authority
• he/she takes any conveyance
• for his/her own or another’s use, or
• knowing that any conveyance has been taken without such
authority,
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• drives it, or
• allows himself to be carried in or on it.
In order to prove this offence we must show that the person took the
conveyance for his own or another’s use.
Does not include
pedestrian
controlled
vehicles or pedal
cycles
Conveyance
This means anything that is constructed or adapted to carry persons
by land, water or air.
A conveyance which is made for use only under the control of a
person not carried in or on it is specifically excluded. Examples of
this are the pedestrian-operated milk float or post office cart.
An animal upon which a person can ride cannot itself be a
conveyance, but a vehicle made or adapted to carry a person or
persons drawn by an animal is a conveyance.
Pedal cycles are dealt with under a separate part of the section, so
they are not conveyances for this offence.
Takes
It is ‘taken’ if it is moved any distance from its original position. ‘It
will be for the court to decide, with regard to the circumstances of
the case and previous case law, what distance is sufficient for the
purposes of the Act’. It does not matter how little the conveyance is
moved but simply starting the engine is not enough – R v Bogacki
[1973] QB 832.
Also, a conveyance can be taken even where it is put onto another
vehicle to do so. For example, in the case of R v Pearce [1973] Crim
LR 321, a rubber dingy was placed on a roof rack and driven away.
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For his/her own, or another’s use
Normally, a person will take a conveyance for the purpose of
immediately ‘stealing a ride’, but provided the other parts of the
definition are proved, the ‘use’ may cover an intention to use it in the
future.
One example of a conveyance being taken for another’s use is where
a specialist car thief takes a car for temporary use in a bank robbery.
Consent of the owner
Where consent of the owner is obtained, then it would be an offence
to go beyond the scope of the permission given. For example, an
owner gives permission for a friend to borrow a vehicle solely for the
purpose of going to work and back, but the friend then used it to go
out socially at night.
Defence
If, however, the person taking the conveyance genuinely believes
that the owner would have given consent, had they known the
circumstances of the taking, they do not commit this offence. This is
so, even if the belief is mistakenly held. The onus is on the
prosecution to show that the accused did not have that belief.
The consent obtained from the owner of a conveyance must be a true
consent, and not one obtained by way of threats of violence or any
other form of intimidation.
Lawful authority
The obvious example here is an officer removing an obstruction or
broken-down vehicle or seizure by legal authorities such as Customs
and Excise.
Once again, there is no offence if the person believes that they have
such lawful authority, even if their belief is unreasonable.
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Drives it or allow self to be carried in
Here we are concerned with the person who was not present at the
actual taking, but later drives the conveyance, or has a ride in it, or
on it. It must be proved, however, that:
• The person knew that the conveyance had been taken, as
above. This proof may come from the person’s own
admission, or from the circumstances (mere suspicion that
the conveyance was taken will not make out the offence)
and
• The person drove the conveyance or allowed themselves to
be carried in or on it.
The reference to ‘driving’ as far as this part of the definition is
concerned covers the control and propulsion of whatever conveyance
was originally taken, i.e. rowing, gliding or sailing, as well as driving
in the accepted sense of the word.
In both cases, whether ‘driving’ or ‘allowing them-selves to be
carried’, it must be proved that the conveyance was in motion.
Police Powers
Triable summarily, power of arrest without warrant -
Constable only.
There is no power of entry for this offence.
Consider giving
crime prevention
advice
Crime Prevention
Many of you will own a motor car or motorbike. There are numerous
ways of securing it to reduce the chances of theft of it or from it.
You should pass on the following advice to members of the public. In
considering improving the security of goods vehicles and vehicles
carrying particularly valuable loads, the assistance of your force or
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divisional crime reduction officer should be sought.
Simple measures include:
• Never leaving the keys in the ignition,
• Closing windows, locking doors and the boot, when the
vehicle is unattended,
• At night, park preferably in a garage or in a well-lit
location,
• Whenever possible, put your car in an attended car park,
• Do not leave vehicle documents in the vehicle or radios,
handbags, shopping or other valuables where they are
visible,
• Specialist firms will replace existing car door and boot
locks with more secure ones that cannot be forced.
Similar locks can also be fitted to the bonnet and boot and
a locking petrol cap will deter petrol thieves.
In addition, the following measures may be considered:
• Locking wheel nuts to prevent theft of the wheels,
• Steering or gear-stick locks and similar appliances to
immobilise the driving controls,
• Ignition and petrol cut-out switches,
• Installation of an alarm,
• Etching the registration mark into all the windows,
• Marking the vehicle and components, e.g. tools, wheels,
radios with your postcode.
Motorcycles
Many of the measures already discussed also relate to motorcycles,
but the following advice can also be given:
• A strong lock and chain securing a wheel to the frame,
• A steering lock.
If panniers are fitted, they should be lockable.
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Practical Hints on Investigation
Whenever you have occasion to check a person in control of a
conveyance or a pedal cycle, you should always bear in mind the
possibility that these offences may have been committed, even
though this may not be immediately apparent.
During the course of questioning, in an effort to establish whether a
conveyance may have been taken without consent, it will be helpful
to establish the following points, all or some of which may lead you
to effect an arrest:
Check whether the driver or vehicle is recorded on the Police National
Computer. Remember, a ‘no trace’ response does not necessarily
indicate that the vehicle or driver is of no interest, merely that there
is no record of them on the computer at that time. If the other
factors listed above are present, further investigation should be
considered. The vehicle could be recently taken and not yet
reported.
When you are trying to discover whether a pedal cycle has been
taken without consent, you should bear in mind the following points
when questioning the rider:
• is the machine too large or too small for the rider?
• does the rider know the contents of the saddlebag (if any)?
• can the rider give details of physical peculiarities on the
machine?
• is the rider ill at ease?
The essence of thorough investigation is a good questioning
technique that can only be obtained through practical experience.
Try to seek the answers to the points by way of general conversation
rather than by more formal and direct questions, which will
immediately put suspects on their guard.
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Aggravated Vehicle Taking
This section looks at the aggravated form of the simple offence of
Taking a Conveyance without Consent TWOC. Before reading these
notes you should first have studied Taking a Conveyance without
Consent – Section 12(1) Theft Act 1968.
This section only
applies to
mechanically
propelled
vehicles
Aggravated vehicle taking – Section 12A Theft Act 1968
Triable either way
Power of arrest without warrant – constables/other persons
Power of entry available under Section 17 PACE 1984.
This section applies only to mechanically propelled vehicles. A
mechanically propelled vehicle is not defined, but refers to the source
of its mechanical power. Quite simply, it is a vehicle that is
constructed so that it can be propelled mechanically, including but
not limited to: by diesel, petrol, paraffin, Liquid Propane Gas (LPG),
steam or electricity. Home Office guidelines indicate that this would
exclude vehicles such as boats, aircraft and horse-drawn carts.
Section 12A (1) of the Theft Act 1968 creates the offence.
Any person who commits that offence (i.e. taking a conveyance
whether as a driver or passenger) is guilty of aggravated taking of a
vehicle offence if it is proved that the vehicle was involved in any of
the four aggravating circumstances after the taking of the vehicle
and before its recovery, whether by himself or another.
The aggravating circumstances
The four aggravating options are:
• That the vehicle was driven dangerously on a road or other public
place, or
• That owing to the driving of the vehicle an accident * occurred by
which injury was caused to any person (this includes the driver,
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It is not
necessary to
establish that a
particular
defendant was
directly
responsible for
the aggravating
circumstances
passenger(s) and pedestrian(s)), or
• That owing to the driving of the vehicle an accident* occurred by
which damage was caused to any property other than the vehicle,
or
• That damage was caused to the vehicle.
* The word ‘accident’ has been retained in these notes to correctly
reflect legislation. A more acceptable term when referring to road
traffic accidents is ‘road traffic collisions’.
It is not necessary to establish that a particular defendant was
directly responsible for the aggravating circumstances. It is sufficient
to prove that the basic offence was committed and the aggravated
circumstance had occurred. The exception is for ‘dangerous driving’
where it is necessary to prove the elements of that offence. Also
where there is evidence of dangerous driving leading to a fatal
collision the driver would normally be charged with the offence of
causing death by dangerous driving.
Note: In R v Bird [1993] Crim LR 85 it was stated that the most
important circumstances in judging the gravity of the offence was the
fact that the vehicle was driven dangerously on a road or public
place, as that affected the culpability of the driver, whereas the
incidence and severity of any injury or damage caused were to some
extent a matter of chance.
The aggravating features of the offence would be primarily:
• the overall culpability of the driving
• how bad it was and for how long
• how much injury or damage was caused?
Drink will affect the danger of the driving, but where it is a major
factor; it would be the subject of a separate charge.
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Defences
Section 12(A)(3) provides a defence for defendants who can prove
on the balance of probabilities that:
• The aggravating circumstances occurred before the basic offence
was committed, or
• The defendant was neither in, nor on, or in the immediate vicinity
of the vehicle when the aggravating circumstances occurred.
Specific amendments or alternatives
Section 12A (5) provides for an alternative verdict to be found if
Section 12 has been proved (i.e. the unlawful taking), but the
aggravating circumstances have not been proved.
Under Section 12(A) (8), a vehicle is said to be recovered when it is
restored to its owner or to other lawful possession or custody.
‘Owner’ has the same meaning as defined in Section 12.
Upon a summary conviction, a person would be liable to a maximum
penalty of six months’ imprisonment or a Level 5 fine (£5,000 at
present) or both. If a person is found guilty on indictment the
maximum penalty that can be imposed is two years’ imprisonment or
a fine or both.
In cases involving death the maximum sentence is 14 years’
imprisonment. There is no time limit on prosecution. The Road
Traffic Offenders Act 1988 provides for the compulsory
disqualification, the endorsement of the driving licence and the
number of penalty points that can be imposed on persons convicted
of this offence.
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Taking a Pedal Cycle without Consent –
Section 12(5) Theft Act 1968
Introduction
Although the motor vehicle is a major source of crime, the taking of a
pedal cycle without consent is still a common incident. It can be a
source of inconvenience and distress particularly for young victims.
Definition of Offence
It is an offence, contrary to Section 12(5) of the Theft Act 1968 to:
• take a pedal cycle for his or another’s use’
• without the consent of the owner or other lawful authority
or,
• knowing that it has been so taken, to ride on it
N.B. A person does not commit an offence under this section by
anything done in the belief that he has lawful authority to do it or
that he would have the owner's consent if the owner knew of his
doing it and the circumstances of it.
All that has already been discussed in relation to ‘takes’, ‘owners
consent’ and ‘lawful authority’, applies equally to pedal cycles.
Pedal Cycle
By this we mean not only bicycles, but also similar vehicles with
more than two wheels, e.g. tricycles.
Police Powers
Triable summarily, power of arrest without warrant -
Constable only.
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Consider crime
prevention advice
Crime Prevention
The unlawful taking of pedal cycles is a growing problem and every
opportunity should be taken to give crime prevention advice.
Consider the following points:
• use a strong chain and lock to secure the bicycle to a fixed
object
• make a note of the description and frame number of the
bicycle
• ‘property code’ the bicycle and attach the ‘coded cycle’
sticker
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Knowledge Check 5
Before leaving your study of this section you should be able to
answer the following questions. Check your answers and revise as
necessary.
1. State the offence of taking a conveyance without consent
(TWOC), contrary to Section 12 of the Theft Act 1968.
________________________________________________
________________________________________________
________________________________________________
________________________________________________
2. What is the definition of a ‘conveyance’?
________________________________________________
________________________________________________
________________________________________________
3. What defence may be open to a person in relation to a
possible offence of TWOC?
________________________________________________
________________________________________________
4. WELLS is employed to drive her employer’s van including to
and from the place of work and then for work purposes only.
The van is kept at WELL’s house and on her day off, she drives
her friends to the seaside. WELLS knows this is not an
authorised use but believes her employer would consent to her
doing this.
Does WELLS commit the offence of TWOC contrary to Section
12 of the Theft Act 1968?
a) Yes, because it does not matter whether she believed her
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employer would consent to her use of the van.
b) Yes, because she was not authorised to use the van in this
way.
c) No, because she is regarded as being the owner of the
vehicle while it is in use.
d) No, because she is in continuous possession of the van
and therefore cannot unlawfully take it.
5. Which, if any, of the following will amount to a ‘conveyance’
for the purposes of the offence of TWOC?
a) An electrically powered trolley taken by a postal worker on
foot for the carriage of parcels that they are carrying.
b) A wheelchair with no mechanical mechanism or means of
propulsion by the user, pushed along by a father when he
takes his son out for fresh air.
c) An old fashioned canal barge towed by a horse and used
for the carriage of goods with a crew of two.
d) None of the above.
6. STERLAND breaks into a car parked at the side of a house, to
take it for a joyride. He hot-wires the ignition and starts the
engine. He then puts the car in gear but, after moving only a
metre, the engine stalls. Fearful the owner is approaching he
gets out of the car and runs away.
At what stage does STERLAND first commit an offence of
‘Taking a conveyance without consent’ contrary to Section 12
Theft Act 1968?
a) When he breaks into the car.
b) When he tampers with the ignition.
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c) When he starts the engine.
d) When the car moves a short distance.
7. State the definition of ‘aggravated vehicle taking’ under
Section 12A of the Theft Act 1968.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
8. List the four aggravating circumstances.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
9. Explain the two defences for aggravated vehicle taking.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
10.MITCHELL and BUTCHER act together to take a motor vehicle
without the owner’s consent. MITCHELL drives five miles to
BUTCHER’s address where BUTCHER gets out of the vehicle
and goes inside. MITCHELL carries on driving the vehicle alone
along the M20. After about ten miles, MITCHELL has a serious
accident injuring the driver of another car and seriously
damaging both vehicles. The accident was not MITCHELL’s
fault. Under these circumstances is BUTCHER guilty of
aggravated vehicle taking under Section 12(A) of the Theft Act
1968?
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a) Yes, because he was present when the vehicle was taken.
b) No, because he can prove that he was not in the vehicle or
in the vicinity when the aggravating factors occurred.
c) No. As MITCHELL was not responsible for the accident
which caused the damage to the vehicle.
d) Yes, if it can be proved that he knew Mitchell was going to
drive the vehicle in a dangerous manner.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
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Knowledge Check 5 Answers
1. State the offence of taking a conveyance without
consent (TWOC), contrary to Section 12 of the Theft
Act 1968.
A person shall be guilty of an offence if
• without the consent of the owner or other lawful authority
• he/she takes any conveyance
• for his/her own or another’s use, or
• knowing that any conveyance has been taken without such
authority,
• drives it, or
• allows himself to be carried in or on it.
2. What is the definition of a ‘conveyance’?
A conveyance means anything that is constructed or adapted
to carry persons by land, water or air.
3. What defence may be open to a person in relation to a
possible offence of TWOC?
If, however, the person taking the conveyance genuinely
believes that the owner would have given consent, had they
known the circumstances of the taking, they do not commit
this offence. This is so, even if the belief is mistakenly held.
4. WELLS is employed to drive her employer’s van
including to and from the place of work and then for
work purposes only. The van is kept at WELL’s house
and on her day off, she drives her friends to the seaside.
WELLS knows this is not an authorised use but believes
her employer would consent to her doing this.
Does WELLS commit the offence of TWOC contrary to
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Section 12 of the Theft Act 1968?
a) Yes, because it does not matter whether she believed
her employer would consent to her use of the van.
b) Yes, because she was not authorised to use the van
in this way.
c) No, because she is regarded as being the owner of
the vehicle while it is in use.
d) No, because she is in continuous possession of the
van and therefore cannot unlawfully take it.
The correct answer is B
5. Which, if any, of the following will amount to a
‘conveyance’ for the purposes of the offence of TWOC?
a) An electrically powered trolley taken by a postal
worker on foot for the carriage of parcels that they
are carrying.
b) A wheelchair with no mechanical mechanism or
means of propulsion by the user, pushed along by a
father when he takes his son out for fresh air.
c) An old fashioned canal barge towed by a horse and
used for the carriage of goods with a crew of two.
d) None of the above.
The correct answer is C
6. STERLAND breaks into a car parked at the side of a
house, to take it for a joyride. He hot-wires the ignition
and starts the engine. He then puts the car in gear but,
after moving only a metre, the engine stalls. Fearful the
owner is approaching he gets out of the car and runs
away.
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At what stage does STERLAND first commit an offence of
‘Taking a conveyance without consent’ contrary to
Section 12 Theft Act 1968?
a) When he breaks into the car.
b) When he tampers with the ignition.
c) When he starts the engine.
d) When the car moves a short distance.
The correct answer is D
7. State the definition of ‘aggravated vehicle taking’ under
Section 12A of the Theft Act 1968.
Any person who commits that offence (i.e. taking a
conveyance whether as a driver or passenger) is guilty of the
aggravated offence if it is proved that the vehicle was involved
in any of the four aggravating circumstances after the taking
of the vehicle and before its recovery, whether by himself or
another
8. List the four aggravating circumstances.
The four options are:
• that the vehicle was driven dangerously on a road or other
public place, or
• that owing to the driving of the vehicle an accident
occurred by which injury was caused to any person (this
includes the driver, passenger(s) and pedestrian(s)), or
• that owing to the driving of the vehicle an accident*
occurred by which damage was caused to any property
other than the vehicle, or
• that damage was caused to the vehicle.
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9. Explain the two defences for aggravated vehicle taking.
Section 12(A)(3) provides a defence for defendants who can
prove on the balance of probabilities that:
• the aggravating circumstances occurred before the basic
offence was committed, or
• the defendant was neither in, nor on, or in the immediate
vicinity of the vehicle when the aggravating circumstances
occurred.
10. MITCHELL and BUTCHER act together to take a motor
vehicle without the owner’s consent. MITCHELL drives
five miles to BUTCHER’s address where BUTCHER gets
out of the vehicle and goes inside. MITCHELL carries on
driving the vehicle alone along the M20. After about ten
miles, MITCHELL has a serious accident injuring the
driver of another car and seriously damaging both
vehicles. The accident was not MITCHELL’s fault. Under
these circumstances is BUTCHER guilty of aggravated
vehicle taking under Section 12(A) of the Theft Act
1968
a) Yes, because he was present when the vehicle was
taken.
b) No, because he can prove that he was not in the
vehicle or in the vicinity when the aggravating
factors occurred.
c) No. As MITCHELL was not responsible for the
accident which caused the damage to the vehicle
d) Yes, if it can be proved that he knew Mitchell was
going to drive the vehicle in a dangerous manner.
The correct answer is b). Section 12(A)(3) provides a defence
for defendants who can prove on the balance of probabilities
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that:
• the aggravating circumstances occurred before the basic
offence was committed, or
• the defendant was neither in, nor on, or in the immediate
vicinity of the vehicle when the aggravating circumstances
occurred.
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