Abstracting electricity
Encyclopedia
Abstracting electricity is a statutory offence in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

.

England and Wales

This offence is created by section 13 of the Theft Act 1968
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...

:
This section replaces section 10 of the Larceny Act 1916
Larceny Act 1916
The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences ....

.

The following cases are relevant:
  • R v Hoar and Hoar [1982] Crim LR 606
  • Collins and Fox v Chief Constable of Merseyside [1988] Crim LR 247, DC
    Divisional Court
    A Divisional Court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. Matters heard by a Divisional Court include some criminal cases in the High Court as well as certain judicial review cases...

  • R v McCreadie and Tume, 96 Cr App R 143, CA
    Court of Appeal of England and Wales
    The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...



Visiting forces

This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom. provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters...

.

Mode of trial and sentence

This offence is triable either way
Either Way
"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This...

. A person guilty of this offence is liable, on conviction on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

, to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

History

Section 10 of the Larceny Act 1916 provided:

Northern Ireland

This offence is created by section 13 of the Theft Act (Northern Ireland) 1969
Theft Act (Northern Ireland) 1969
The Theft Act 1969 is an Act of the Parliament of Northern Ireland. It makes similar provision to the Theft Act 1968 for Northern Ireland.-Section 11 - Removal of articles from places open to the public:...

, which is identical to section 13 of the Theft Act 1968. It replaces section 10 of the Larceny Act 1916.

Visiting forces

This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom. provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters...

.

Mode of trial

This offence is an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

 which may be tried summarily upon consent of the accused. See hybrid offence
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...

.

Sentence

A person guilty of this offence is liable, on conviction on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

, to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

Republic of Ireland

This offence is created by section 15(2)(a) of the Energy (Miscellaneous Provisions) Act, 1995. That section replaces section 10 of the Larceny Act 1916, which was repealed by section 28 of, and the Schedule to, that Act.
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