Editing Theft (section)

====England and Wales====
In [[England and Wales]], theft is a statutory offence, created by section 1(1) of the [[Theft Act 1968]]. This offence replaces the former offences of [[larceny]], [[embezzlement]] and [[fraudulent conversion]].<ref>Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-01 at page 12.</ref>

The marginal note to section 1 of the Theft Act 1968 describes it as a "basic definition" of theft. Sections 1(1) and (2) provide:

:1.-(1) A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.
:(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

Sections 2 to 6 of the Theft Act 1968 have effect as regards the [[statutory interpretation|interpretation]] and operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2 to 6 of that Act apply only for the purposes of section 1 of that Act.<ref>The Theft Act 1968, section 1(3)</ref>

=====Appropriates=====
Section 3 provides:

{{Blockquote|(1) 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.

(2) Where property or a right or interest in property is or purports to be transferred for [[Value (economics)|value]] to a person acting in [[good faith]], no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s [[Title (property)|title]], amount to theft of the property.}}

See [[R v Hinks]] and [[Lawrence v Metropolitan Police Commissioner]].

=====Property=====
Section 4(1) provides that:

{{Blockquote|"[[Property]]" includes [[money]] and all other property, [[Real property|real]] or [[Personal property|personal]], including [[things in action]] and other [[intangible property]].}}

Edward Griew said that section 4(1) could, without changing its meaning, be reduced, by omitting words, to:

{{Blockquote|"Property" includes … all … property.<ref>Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-03 at page 13.</ref>}}

Sections 4(2) to (4) provide that the following can only be stolen under certain circumstances:
* Land or things forming part of land and severed from it (s. 4(2))
* Mushrooms growing wild on any land, or the flowers, fruit or foliage of plants growing wild on any land (s. 4(3))
* Wild creatures or the carcases of wild creatures (s. 4(4))

'''Intangible property'''

[[Confidential information]]<ref>[[Oxford v Moss]] (1979) 68 Cr App Rep 183, [1979] Crim LR 119, [[Divisional Court (England and Wales)|DC]]</ref> and [[trade secret]]s<ref>R v Absolom, ''[[The Times]]'', 14 September 1983</ref> are not property within the meaning of section 4.

The words "other intangible property" include [[export quota]]s that are transferable for [[value (economics)|value]] on a temporary or permanent basis.<ref>Attorney General of Hong Kong v Nai-Keung [1987] 1 WLR 1339, [[Privy Council|PC]]</ref>

'''Electricity'''

Electricity cannot be stolen. It is not property within the meaning of section 4 and is not appropriated by switching on a current.<ref>Low v Blease (1975) 119 SJ 695, [1975] Crim LR 513, [[Divisional Court (England and Wales)|DC]]</ref> ''Cf.'' the offence of [[abstracting electricity]] under section 13.

=====Belonging to another=====
Section 5 "belonging to another" requires a distinction to be made between ownership, possession and control:
* ownership is where a person is not legally accountable to anyone else for the use of the property:
* possession is where a person is only accountable to the owner for the use of the property; and
* control is where a person is only accountable to two people for the use of the property.

So if A buys a car for cash, A will be the owner. If A then lends the car to B Ltd (a [[company]]), B Ltd will have possession. C, an employee of B Ltd then uses the car and has control. If C uses the car in an unauthorised way, C will steal the car from A and B Ltd. This means that it is possible to steal one's own property.

In R v Turner,<ref>R v Turner (No 2) [1971] 1 WLR 901, [1971] 2 All ER 441, [1971] RTR 396, [[sub nom]] R v Turner, 115 SJ 405, sub nom R v Turner (Frank Richard) 55 Cr App R 336, [[Court of Appeal of England and Wales|CA]]</ref> the owner removed his car from the forecourt of a garage where it had been left for collection after repair. He intended to avoid paying the bill. There was an appropriation of the car because it had been physically removed but there were two issues to be decided:
* did the car "belong to another"? The garage had a [[lien]] i.e. a "proprietary right or interest" in the car as security for the unpaid bill and this gave the garage a better right than the owner to possess the car at the relevant time.
* what was the relevance of Turner's belief that he could not steal his own property? The defence of [[mistake of law]] only applies if the defendant honestly believes that he has a right in law to act in the given way. Generalised and non-specific beliefs about what the law might permit are not a defence.

=====With the intention of permanently depriving the other of it=====
Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned.<ref>{{Cite web|url=http://www.legislation.gov.uk/ukpga/1968/60|title=Theft Act 1968, 1968 CHAPTER 60|date=Jul 31, 2010|website=UK Legislation|access-date=7 April 2020|quote="...a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal."}}</ref>

'''Alternative verdict'''

The offense created by section 12(1) of the [[Theft Act 1968]] ([[TWOC]]) is available an [[alternative verdict]] on an indictment for theft.<ref>The [[Theft Act 1968]], section 12(4)</ref>

'''Visiting forces'''

Theft is an [[offence against property]] for the purposes of section 3 of the [[Visiting Forces Act 1952]].<ref>The [[Visiting Forces Act 1952]], section 3(6) and Schedule, [http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/67/schedule/paragraph/3 paragraph 3(g)] (as inserted by the [[Theft Act 1968]], Schedule 2, Part III)</ref>

'''Mode of trial and sentence'''

Theft is triable [[Hybrid offence|either way]].<ref>The [[Magistrates' Courts Act 1980]], section 17(1) and Schedule 1, paragraph 28</ref> A person guilty of theft is liable, on conviction on [[indictment]], to imprisonment for a term not exceeding seven years,<ref>The [[Theft Act 1968]], section 7</ref> or on [[summary conviction]] to imprisonment for a term not exceeding six months, or to a fine not exceeding the [[prescribed sum]], or to both.<ref>The [[Magistrates' Courts Act 1980]], section 32(1)</ref>

'''Aggravated theft'''

The only offence of aggravated theft is [[robbery]], contrary to section 8 of the Theft Act 1968.<ref>Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79.</ref>

'''Stolen goods'''

For the purposes of the provisions of the Theft Act 1968 which relate to [[stolen goods]], goods obtain in [[England]] or [[Wales]] or elsewhere by [[blackmail]] or [[fraud]] are regarded as stolen, and the words "steal", "theft" and "thief" are construed accordingly.<ref>The [[Theft Act 1968]], [http://www.legislation.gov.uk/ukpga/1968/60/section/24 section 24(4)] as amended by the [[Fraud Act 2006]]</ref>

Sections 22 to 24 and 26 to 28 of the Theft Act 1968 contain references to stolen goods.

'''Handling stolen goods'''

The offence of [[handling stolen goods]], contrary to section 22(1) of the Theft Act 1968, can only be committed "otherwise than in the course of stealing".<ref>The [[Theft Act 1968]], section 22(1)</ref>

'''Similar or associated offences'''

According to its [[long title|title]], the [[Theft Act 1968]] revises the law as to theft and similar or associated offences. See also the [[Theft Act 1978]].