LPG1.1.04 Crime Theft Act 1968 - Metropolitan Police Service€¦ · 1. Explain the elements of the Theft Act 1968 – Sections 1 to 7 Theft Act 1968 . 2. Summarise the offence of

LPG1.1.04 Crime Theft Act 1968

Student Notes

Version 1.15

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LPG1_1_04_TheftAct1968_SN Version 1.15 2


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.



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



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



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.



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.



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


‘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’.



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


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:



• 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



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


The property appropriated must ‘belong’ to someone other than the

person appropriating it, or it cannot be stolen. If the owner throws it



‘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”.



Intention to permanently deprive


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.



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?

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________



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



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.



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.



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



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.



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.


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.



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).



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.



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.



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.



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


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.



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.

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________




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.



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.


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.

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.


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. 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



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.


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;



• 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.



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.



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.



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.



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.

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________



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



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.




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



‘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?



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


e) No unless JAMES had it with him intending to use it to


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


The correct answer is c) All of the above



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.


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



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.



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



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



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;



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.



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



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.




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


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 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.



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’.


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,



• 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.



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.



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



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.



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.



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,



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.



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.



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.


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’


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.



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



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



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.


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.



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?



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.

__________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________




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


• 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




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.


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.



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.

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.

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.



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



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.


LPG1.1.04 Crime Theft Act 1968 - Metropolitan Police Service€¦ · 1. Explain the elements of the Theft Act 1968 – Sections 1 to 7 Theft Act 1968 . 2. Summarise the offence of

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