1.
Basic definition of theft
(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.
(3) The five following
sections of this Act shall have effect as regards the interpretation and
operation of this section (and, except as otherwise provided by this Act, shall
apply only for purposes of this section).
2.
Dishonestly
(1)A person’s appropriation of property
belonging to another is not to be regarded as dishonest -
(a) if he appropriates
the property in the belief that he has in law the right to deprive the other of
it, on behalf of himself or of a third person; or
(b) if he appropriates
the property in the belief that he would have the other’s consent if the other
knew of the appropriation and the circumstances of it; or
(c) (except where the
property came to him as trustee or personal representative) if he appropriates
the property in the belief that the person to whom the property belongs cannot
be discovered by taking reasonable steps.
(2) A person’s
appropriation of property belonging to another may be dishonest notwithstanding
that he is willing to pay for the property.
3.
Appropriates
(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 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, amount to theft of the property.
4. Property
(1) includes money and
all other property, real or personal, including things in action and other
intangible property.
(2) A person cannot
steal land, or things forming part of land and severed from it by him or by his
directions, except in the following cases, that is to say -
(a) when he is a trustee
or personal representative, or is authorised by power of attorney, or as liquidator of a
company, or otherwise, to sell or dispose of land belonging to another, and he
appropriates the land or anything forming part of it by dealing with it in
breach of the confidence reposed in him; or
(b) when he is not in possession
of the land and appropriates anything forming part of the land by severing it
or causing it to be severed, or after it has been severed; or
(c) when, being in
possession of the land under a tenancy, he appropriates the whole or part of
any fixture or structure let to be used with the land.
For purposes of this
subsection ‘land’ does not include incorporeal hereditaments; ‘tenancy’ means a
tenancy for years or any less period and includes an agreement for such a
tenancy, but a person who after the end of a tenancy remains in possession as
statutory tenant or otherwise is to be treated as having possession under the
tenancy, and ‘let’ shall be construed accordingly.
(3) A person who picks
mushrooms growing wild on any land, or who picks flowers, fruit or foliage from
a plant wild on any land, does not (although not in possession of the land)
steal what he picks, unless he does it for reward or for sale or other
commercial purpose.
For purposes of this subsection
‘mushroom’ includes any fungus, and ‘plant’ includes any shrub or tree.
(4) Wild creatures,
tamed or untamed, shall be regarded as property; but a person cannot steal a
wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either
it has been reduced into possession by or on behalf of another person and
possession of it has not since been lost or abandoned, or another person is in
course of reducing it into possession.
5.
Belonging to another
(1) Property shall be regarded as
belonging to any person having possession or control of it, or having in it any
proprietary right or interest (not being an equitable interest arising only
from an agreement to transfer or grant an interest).
(2) Where property is
subject to a trust, the persons to whom it belongs shall be regarded as
including any person having a right to enforce the trust, and an intention to
defeat the trust shall be regarded accordingly as an intention to deprive of
the property any person having that right.
(3) Where a person
receives property from or on account of another, and is under an obligation to
the other to retain and deal with that property or its proceeds in a particular
way, the property or proceeds shall be regarded (as against him) as belonging
to the other.
(4) Where a person gets
property by another’s mistake, and is under an obligation to make restoration
(in whole or in part) of the property or its proceeds or of the value thereof,
then to the extent of that obligation the property or proceeds shall be
regarded (as against him) as belonging to the person entitled to restoration,
and an intention not to make restoration shall be regarded accordingly as an
intention to deprive that person of the property or proceeds.
(5) Property of a
corporation sole shall be regarded as belonging to the corporation
notwithstanding a vacancy in the corporation.
6.
With
the intention of permanently depriving the other of it
(1) A person appropriating property
belonging to another without meaning the other permanently to lose the thing
itself is nevertheless to be regarded as having the intention of permanently
depriving the other of it if his intention is to treat the thing as his own to
dispose of regardless of the other’s rights; and 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.
(2) Without prejudice to
the generality of sub-s (1) above, where a person, having possession or control
(lawfully or not) of property belonging to another, parts with the property
under a condition as to its return which he may not be able to perform, this
(if done for purposes of his own and without the other’s authority) amounts to
treating the property as his own to dispose of regardless of the other’s
rights.
7.
Punishment
A person guilty of theft shall on
conviction on indictment be liable to imprisonment for a term not exceeding ten
years.
8.
Robbery
(1) 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.
(2) A person guilty of
robbery, or of an assault with intent to rob, shall on conviction on indictment
be liable to imprisonment for life.
9.
Burglary
(1) A person is guilty of burglary
if –
(a) he enters any
building or part of a building as a trespasser and with intent to commit any
such offence as is mentioned in sub-s (2) below; or
(b) having entered any
building or part of a building as a trespasser he steals or attempts to steal
anything in the building or that part of it or inflicts or attempts to inflict
on any person therein any grievous bodily harm.
(2) The offences referred
to in sub-s (1)(a) above are offences of stealing anything in the building or
part of a building in question, of inflicting on any person therein any
grievous bodily harm or raping any woman therein, and of doing unlawful damage
to the building or anything therein.
(3) A person guilty of
burglary shall on conviction on indictment be liable to imprisonment for a term
not exceeding -
(a) where the offence
was committed in respect of a building or part of a building which is a
dwelling, fourteen years;
(b) in any other case,
ten years.
(4) References in
subsections (1) and (2) above to a building, and the reference in sub-s (3)
above to a building which is a dwelling, shall apply also to an inhabited vehicle
or vessel, and shall apply to any such vehicle or vessel at times when the
person having a habitation in it is not there as well as at times when he is.
10.
Aggravated burglary
15.
Obtaining property by deception
(1) A person who by any deception
dishonestly obtains property belonging to another, with the intention of
permanently depriving the other of it, shall on conviction on indictment be
liable to imprisonment for a term not exceeding ten years.
(2) For purposes of this
section a person is to be treated as obtaining property if he obtains
ownership, possession or control of it, and ‘obtain’ includes obtaining for
another or enabling another to obtain or to retain.
(3) Section 6 above
shall apply for purposes of this section, with the necessary adaptation of the
reference to appropriating, as it applies for purposes of section 1.
(4) For purposes of this
section ‘deception’ means any deception (whether deliberate or reckless) by
words or conduct as to fact or as to law, including a deception as to the
present intentions of the person using the deception or any other person.
15A.
(1) A person is guilty of an offence if by any
deception he dishonestly obtains a money transfer for himself or another.
(2) A
money transfer occurs when –
(a)
a debit is made to one account;
(b)
a credit is made to another; and
(c) the credit results
from the debit or the debit results from the credit.
(3) References to a
credit and to a debit are to a credit of an amount of money and to a debit of
an amount of money.
(4) It is immaterial (in
particular) –
(a) whether the amount
credited is the same as the amount debited;
(b) whether the money transfer is effected on presentment of a cheque or
by another method;
(c) whether any delay occurs in the process by which the money transfer
is effected;
(d) whether any intermediate credits or debits are made in the course of
the money transfer;
(e) whether either of
the accounts is overdrawn before or after the money transfer is effected.
(5) A person guilty of
an offence under this section shall be liable on conviction on indictment to
imprisonment for a term not exceeding ten years.
15B.
(1) The following provisions have effect for the interpretation
of section 15A of this Act.
(2) ‘Deception’ has the same meaning as in section 15 of this Act.
(3) ‘Account’ means an
account kept with –
(a) a bank; or
(b) a person carrying on
a business which falls within subsection (4) below.
(4) A business falls
within this subsection if –
(a) in the course of the
business money received by way of deposit is lent to others; or
(b) any other activity
of the business is financed, wholly or to any material extent, out of the
capital of or the interest on money received by way of deposit;
and ‘deposit’ here has
the same meaning as in section 35 of the Banking Act 1987 (fraudulent
inducement to make a deposit).
(5) For the purposes of subsection (4) above –
(a) all the activities
which a person carries on by way of business shall be regarded as a single
business carried on by him; and
(b) ‘money’ includes
money expressed in a currency other than sterling or in the European currency
unit (as defined in Council Regulation No. 3320/94/EC or any Community
instrument replacing it).’
24A.
Dishonestly retaining
a wrongful credit.
(1) A person is guilty of an offence
if –
(a) a wrongful credit
has been made to an account kept by him or in respect of which he has any right
or interest;
(b) he knows or believes
that the credit is wrongful; and
(c) he dishonestly fails
to take such steps as are reasonable in the circumstances to secure that the
credit is cancelled.
(2) References to a
credit are to a credit of an amount of money.
(3) A credit to an account is wrongful if it is the credit side of a money
transfer obtained contrary to section 15A of this Act.
(4) A credit to an
account is also wrongful to the extent that it derives from –
(a) theft;
(b) an offence under
section 15A of this Act;
(c) blackmail; or
(d) stolen goods.
(5) In determining
whether a credit to an account is wrongful, it is immaterial (in particular)
whether the account is overdrawn before or after the credit is made.
(6) A person guilty of
an offence under this section shall be liable on conviction on indictment to
imprisonment for a term not exceeding ten years.
(7) Subsection (8) below applies for purposes of provisions of this Act
relating to stolen goods (including subsection (4) above).
(8) References to stolen goods include money which is dishonestly withdrawn
from an account to which a wrongful credit has been made, but only to the
extent that the money derives from the credit.
(9) In this section
‘account’ and ‘money’ shall be construed in accordance with section 15B of this
Act.
(1) Ss 4(1) and 5(1) of this Act shall apply generally for
purposes of this Act as they apply for purposes of s1.
34 Interpretation
(2) For purposes of this Act -
(a) "gain" and "loss" are to be construed as extending only
to gain or loss in money or other property, but as extending to any such gain or
loss whether temporary or permanent; and -
(i) "gain" includes a gain by keeping what one has, as well
as a gain by getting what one has not; and
(ii) "loss" includes a loss by not getting what one might
get, as well as a loss by parting with what one has;
(b) "goods", except in so far as the
context otherwise requires, includes money and every other description of
property except land, and includes things severed from the land by stealing.
