email: info@sgkllp.com call: 020 7734 9700
Our team all have a wealth of experience of acting for clients accused of all dishonesty offences. We represent clients accused of any of the spectrum of theft offences, from a simple shoplift, burglary and robbery, through to a conspiracy to steal or to handle stolen goods.
We know that for those facing their first police investigation or court proceedings, even a minor allegation of a low value theft could have devastating consequences to reputation and career. Many cases arise from people facing terrible financial and other life pressures. Understanding the reason for an out of character act is vital when making representations to the police seeking that a case be dropped, an out of court disposal, or that a lower alternative charge be considered.
Our depth of experience of dealing with young gang members leaves us well placed to argue against the guilt by association’ that can lead to a group of friends all being accused for the actions of one.
Obtaining early legal advice, ideally prior to any police interview, is vital to preserving a client’s interests.
How we can help
We can represent you wherever you are based, whether it be in the UK or overseas. We support our clients through every stage of the criminal justice process, including:
For more information on any of the above click here, or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.
Theft is defined by section 1 TA 1968 as dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. Sections 2 – 6 TA 1968 provide further interpretation of these elements.
Dishonesty
Section 2 TA 1968 specifies that appropriation is not dishonest if the person doing it believes that:
It also provides that appropriation may still be dishonest if the person was willing to pay for the property they have taken.
Appropriates
Section 3 TA 1968 provides that any assumption of the rights of an owner amount to appropriation, and this includes where a person has come by the property (innocently or not), without stealing it, any later assumption of a right to it by keeping it or dealing with as an owner.
Belonging to Another
Section 5 TA 1968 provides that property “belongs to another” where that person:
A defendant may be regarded as having the intent permanently to deprive even though they do not intend the victim to “lose the thing itself” if they intend to treat the item as their own to dispose of regardless of the victim's rights.
Examples would cover circumstances such as someone who borrows a season ticket for so long as to deprive the owner of much of its benefit before returning it or someone who pawns property belonging to another.
Section 8(1) TA 1968 defines robbery as follows:
"A person is guilty of robbery if the person steals, and immediately before or at the time of doing so, and in order to do so, they use force on any person or puts or seeks to put any person in fear of being then and there subjected to force."
Section 8(2) TA 1968 provides for the offence of "assault with intent to rob."
Steal
"Steals" must be interpreted in accordance with the definition provided for "theft" in sections 1 – 6 TA 1968.
Immediately before or at the time of
Once the theft is complete any force used subsequently cannot amount to robbery as later force will not fall within the definition. However, the courts have held that appropriation is a continuing act it would be artificial to attempt to draw a line determining the precise moment it ends. Whether the theft is still in the course of being committed is a question of fact which must be left to the jury to determine.
Force
What amounts to "force" is a question of fact for the jury. A jury was entitled to find that force had been used to steal a shopping basket where the defendant had wrenched it from the victim's hand (R v Clouden [1987] Crim LR 56, However see also P v DPP [2012] EWHC 1657 (Admin) where snatching a cigarette from between the victim’s fingers without making direct contact was not "force used upon the person."
The force must be used in order to steal. If a defendant were to punch a victim and knock them out, before forming the intention to steal their watch, this would be theft but not robbery (although a charge of assault may also need to be considered).
Section 9 TA 1968 deals with burglary. Burglary consists of:
The maximum penalty will depend on whether the building (or part) entered is a dwelling house or not. If it is, then this must be pleaded in the charge/indictment because the effect of the increased penalty where it is a dwelling is to make burglary dwelling a separate offence from burglary of a non-dwelling.
Entry
A partial entry is sufficient and so where a defendant puts any part of their body within the building this is capable of amounting to burglary.
Building
This is not comprehensively defined in the statute, although section 9(4) TA 1968 provides that it includes any inhabited vehicle or vessel.
Trespasser
The defendant will be trespasser if they enter a building without the owner’s permission. A person who enters with the occupier’s permission will still be a trespasser if they enter for some purpose which they know is outside the scope of the permission granted (or are reckless as to the scope of the permission granted).
There will be a trespass where a person moves from a part of a building where they have permission to be to another part where they do not. For example, a member of the public who has the right to be in a shop will not usually have the right to go behind the counter or into the staff cloakroom.
If the burglary is on the basis of stealing (either as the intent when entering under section 9(1)(a) or TA 1968 as the act done after entry under 9(1)(b) TA 1968) then the elements of theft will need to be proved before the burglary can be made out.
Dwelling
What is a "dwelling" will be a question of fact in each case. There is no comprehensive definition within TA 1968 , although section 9(4) TA 1968 does provide for an inhabited vehicle or vessel to be a dwelling for the purposes of the section.
Theft www.sentencingcouncil.org.uk/offences/magistrates-court/item/theft-general
Robbery www.sentencingcouncil.org.uk/offences/crown-court/item/robbery-street-and-less-sophisticated-commercial
Burglary (residential) www.sentencingcouncil.org.uk/offences/magistrates-court/item/domestic-burglary
Burglary (commercial) www.sentencingcouncil.org.uk/offences/magistrates-court/item/non-domestic-burglary
We accept instructions on a private basis. We also conduct work funded through the Legal Aid system, however we do not take on all publicly funded cases and not all lawyers in the firm are available for this work. Please contact us to discuss private case costs and eligibility for legal aid.
Telephone: 020 7734 9700