The Theft Acts Trivia Quiz

Answer: Theft

Theft is defined as 'the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it' and is found under section 1 of the Theft Act 1968. Appropriation means that the defendant assumed the rights of the owner (so they used the item, sold it, destroyed it etc.).

It is also important to note the phrase 'permanently deprive' as this means that if the defendant returned the property then they may not be criminally liable for theft.

Answer: Making off without payment

Making off without payment is covered by the Theft Act 1978, under section 3. This can cover a number of scenarios, including leaving a restaurant without paying and driving off without paying for petrol. The case of R v Allen (1985) is used as a leading case when the defendant left a hotel without paying the bill, intending to pay later on. He was found not guilty.

Answer: Robbery

Robbery is defined under section 8 of the Theft Act 1968 as theft, with the use of force, or seeking to put a person in fear of force. A case that is useful to remember for this offence would be R v Hale (1979) when the defendants knocked on a woman's front door and used force to enter the house. One covered her mouth to prevent her from screaming while the other took her jewellery box and, to prevent her from telephoning the police once they had left, they tied her up.

Answer: 14 years

Burglary, as defined under section 9 of the Theft Act 1968 and is a triable either way offence, unless the defendant intended to commit a serious offence whilst in the building. There are two types of burglary that a defendant can be convicted of- burglary under section 9 (1a) which is when the defendant had the actus reus and mens rea, and burglary under section 9 (1b), when the defendant only has the actus reas- this is mainly for an opportunistic thief.

Answer: Fraud

To be convicted of burglary under section 9 (1a) the defendant must intend to commit either rape, GBH, unlawful damage or theft, this is the mens rea. They must also enter a building as a trespasser (this is the actus reus). The best case to remember for burglary is R v Brown (1985) when the defendant went to climb through a window but got stuck. He was still found guilty.

Answer: Section 10

Aggravated burglary is found under section 10 of the Theft Act 1968 and carries a maximum sentence of life imprisonment. It is defined as burglary with the use of any offensive weapon, including a firearm, imitation firearm or explosive material.

Answer: Blackmail

Blackmail is covered by section 21 of the Theft Act 1968 and carries a maximum sentence of 14 years imprisonment. It is defined as the act of making threats or acting menacingly towards another person in order to make a profit. Handling stolen goods is covered by section 22, the dishonest abstraction of electricity can be found under section 13 and going equipped for stealing is under section 25.

Answer: No

Think of the definition for theft- if the item is returned then there is no intention to permanently deprive and if the item is returned in its original condition there it is likely that there has been no appropriation. The key thing to remember with theft when something has been borrowed without permission is that the item has to be returned in its original condition.

Answer: Summary

Taking a vehicle without consent is a summary offence according to section 12 of the Theft Act 1968. It is important to note that both the driver and the passengers will be prosecuted. This offence was created because it was often difficult to prove the theft of a vehicle, particularly for the mens rea of theft.

This covers most vehicles including cars (obviously), lorries, and vehicles which carry people by land, sea or air. It does not cover bicycles.

Answer: Obtaining services through deception

Obtaining services through deception is an offence under section 1 of the Theft Act 1978. This is when the defendant obtains services when they have no intention of paying for them. This is now found under Section 11 of the Fraud Act 2006.