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:

• They have a legal right to take the property; or
• The owner would agree to their taking it if they knew about it; or
• They could not find the person to whom the property belongs by taking reasonable steps. (Does not apply to people who came by the property as trustees or personal representatives.)

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:

• Has possession or control of it; or
• Has given it to the defendant subject to an obligation that it is dealt with in some particular way; or
• Has given it to the defendant by mistake and the defendant is under an obligation to restore it to them (in whole or in part); or
• Is the beneficiary of a trust to which the property is subject
• Intending to permanently deprive
• Section 6 TA 1968 provides guidance on what may be included as falling within an intent to deprive permanently but there is no exhaustive definition of the concept which is a question of fact for the court or jury

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:

• Entering a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm or criminal damage; or

• Having entered as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm

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.

Steal

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

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