Then my notes say section 2 is the definition of what dishonestly is not. Robbery factors to establish it is a criminal offence under. Theft act 1968 section 8 robbery life imprisonment, a person is. Linked to court case sentence database, by court, solicitor, barrister, offense. An act to revise the law of england and wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against the other, and to make certain amendments extending beyond england and wales in the post office act 1953 and other. Offences of robbery and theft and other associated offences are all defined within the theft act 1968. This can perhaps best be described as theft with violence. Section 8 theft act 1968 robbery is a purely indictable offence. The theft act 1968 has been affected by the later theft amendment act 1996. The theft act 1968 c 60 is an act of the parliament of the united kingdom. Uprooting wild plants wildlife and countryside act 1981. On 15 january 2007 the fraud act 2006 came into force, redefining most of the offences of deception.
It greatly simplified many of the definitions of offences and brought together a wide range of different statutes and offences. These are the sources and citations used to research theft act. Section 7, theft act 1968 practical law primary source 867286 approx. Section 1 of the 1978 theft act was the first answer to the defect in section 162a. The victim g asserted that she had been walking along a road. Dec 02, 20 definition section 1 of the theft act 1968. Session objectives by the end of the session, all learners will. The interesting parts for our wonderful mps, those who did not get away with it are section 15 onwards. This offence replaces the former offences of larceny, embezzlement and fraudulent conversion.
Robbery theft act 1968 s81 provides the definition for robbery. Section 15 and 16 8 were created in the 1968 theft act at the same time as section 162a and so their continued existence did nothing to correct the defects of section 162a. In order to find a defendant guilty of committing theft, it is necessary to prove that a person has acted dishonestly. Apr 01, 2015 robbery theft act 1968 s81 provides the definition for robbery. Nov 25, 2019 section 82 provides for the offence of assault with intent to rob. Smith, hogan, and ormerods essentials of criminal law 2e oxford. The theft act 1968 is arguably one of the most effective pieces of legal drafting in the post war. Im a new student and ive taken a look at the section in my notes on the theft act 1968. Section 8 robbery indictable only life on indictment 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. Robbery of a mobile phone at tracks an automatic prison sentence, no matter the age of the defendant. Assault with intent to rob, section 81 theft act 1968.
May 30, 20 the current law on burglary is to be found in ss. It is now nearly 50 years since the act was passed and yet it remains very much intact 1. Summarise the offence of taking a pedal cycle section 125 theft act 1968. This paper considers the meaning and interpretation of the extended definition of intention of permanently depriving in the english theft act 1968 section 6. This section has been criticised as there is little, if any difference, between dishonestly appropriating property section 11 and obtaining property by deception.
Theft act 1968 flashcards by gareth wood brainscape. It creates a number of offences against property in england and wales. There are currently no known outstanding effects for theft act 1968, section 8. The larceny act 1916 had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the theft act 1968, was to replace the existing law of larceny and other deceptionrelated offences, by a single enactment, creating a more. The theft act 1968 is an act of the parliament of the united kingdom. Section 1 basic definition of theft this section creates the offence of theft.
A person is guilty of the criminal offence of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Outline the offence of taking a conveyance without consent section 12 theft act 1968 6. 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 seeks to put any person in fear of being then and there subjected to force. Reading further i see it describes all the bits of section 1. Under section 63 of the sexual offences act it is an offence to trespass on premises with the intention of committing a sexual offence whilst on the. Section 8 of the act defines the offence of robbery.
Robbery is defined under section 8 of the theft act 1968 and can simply be explained as theft with force. A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Police ipldp theft act 1968 flashcards flashcards in theft act 1968 deck 23 1 section 1 theft indictable 7 years on indictment. Jan 28, 2002 section 15 and 16 8 were created in the 1968 theft act at the same time as section 162a and so their continued existence did nothing to correct the defects of section 162a. Jan 04, 2019 a summary of several parts of the theft act uk 1968 with tips on how to remember some of the elements and visual cues to help you lodge the information into your short term memory. The marginal note to section 1 of the theft act 1968 describes it as a basic definition of theft. Theft s5 belonging to another s2 dishonesty s51 defined belonging to another property shall be regarded as belonging to any person having possession or control of it, or having in it any propriety right or interest having possession or control or having a proprietary. It is a type of aggravated theft in which the offence of theft will be established plus there will be some force or threat of force on another person. Other bits of legislation that make provisions for trespass to be a criminal offence include the sexual offences act 2003, the firearms act 1968 and the criminal justice and public order act 1994. Robbery section 8 of the theft act 1968 requires d to commit theft in what circumstances.
This definition is supplemented by sections 2 to 6. Offences in england and wales which would disqualify transport. Theft act 1968 section 8 robbery life imprisonment, a. Checkmate publishing study made simple 1,571 views. The theft act 1968 is arguably one of the most effective pieces of legal drafting in the post war era. This highlights the important information about the theft act 1968 and the theft act 1978 that are on the gcse law syllabus. Theft, burglary, blackmail and any offence under section 121taking of motor vehicle or other conveyance without owner s consent of the theft act 1968.
This offence replaces the former offences of larceny, embezzlement and fraudulent conversion the marginal note to section 1 of the theft act 1968 describes it. Section 81 of the 1968 act defines robbery as follows. Aggravated vehicle taking, section 12a theft act 1968. The definition of theft under the theft act 1968 is a person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it. 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. Theft act 1968 section 8 robbery, section 1 a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of.
This bibliography was generated on cite this for me on sunday, july 19, 2015. Outline the offence of aggravated vehicle taking section 12a theft act 1968 7. What is theft, essentials, theft and robbery duration. Section 2 of the theft act 1968 creates three special categories in which the defendant is not to be regarded as dishonest. In england and wales, theft is a statutory offence, created by section 11 of the theft act 1968. Foraging and the law why foraging wild plants is not theft. Theft section 1 theft act 1968 flashcards by dan steward. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short act that was aiming towards codification of the criminal law. Where the defendant believes he has a legal right to deprive the other person of the property, whether on his own behalf or on behalf of a thirdparty. An offence of robbery requires the use or threat of. Steals steals must be interpreted in accordance with the definition provided for theft in sections 1 6 of the 1968 act. If all the elements of theft are not made out on the evidence then neither will the robbery be made out. Section 9 lays out two species of burglary that can be committed, s. A person is guilty of theft if he dishonestly appropriates property belonging to another.
Feb 10, 2016 robbery is defined under section 8 of the theft act 1968 and can simply be explained as theft with force. Explain the offence of robbery section 8 theft act 1968 5. The article analyzes the various judicial interpretations of the section, pointing out that a lack of reporting of decisions has led to inconsistent approaches to the section. The intention of the theft act 1968, was to replace the existing law of larceny and other deceptionrelated offences, by a single enactment. Section 8 theft act 1968 the criminal offence of robbery is contained within s 8 of the theft act 1968 ta 1968. This is contrary to section 1 1 of the theft act 1968. The maximum sentence for robbery is life imprisonment. The sentence is three years prison sentence of five years with use of a weapon. This is a serious specified offence for the purposes of section 224 of the criminal justice act 2003. The theft act 1968 resulted from the efforts of the criminal law revision committee to reform the english law of theft. Section 82 provides that a person convicted on indictment of robbery. There are currently no known outstanding effects for the theft act 1968, section 8. The theft act 1968 was legislated as a result of complicated, confusing and highly technical prior statutes and case law.