Theft Act 1968
Encyclopedia
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.
to reform the English law
of theft
. The Larceny Act 1916
had codified the common law
, including larceny
itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations.
.
to cover the offence of joy-riding
or sitting in the car while another drives it away without the owner's consent.
. It replaces section 10 of the Larceny Act 1916
.
and provided a definition of deception for the purpose of that offence and the offences under sections 15A and 16 and 20(2) of this Act and sections 1 and 2 of the Theft Act 1978
.
. Section 15B made supplementary provision.
Section 17 replaces sections 82 and 83 of the Larceny Act 1861
and the Falsification of Accounts Act 1875. The words "dishonestly with a view to gain for himself or another or with intent to cause loss to another" are substituted in section 17 for the words "intent to defraud" in the former provisions.
.
or legal entity who publishes false accounts with intent to deceive members or creditors of the body corporate or association about its affairs.
Section 20(2) and the words ""deception" has the same meaning as in section 15 of this Act, and" in section 20(3) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006
.
.
The words ", and "cheat" means an offence under section 15 of this Act" in section 25(5) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006
. This was consequential on the repeal of section 15.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. It creates a number of offences against property 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...
.
On 15 January 2007 the Fraud Act 2006
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
came into force, redefining most of the offences of deception.
History
The Theft Act 1968 resulted from the efforts of the Criminal Law Revision CommitteeCriminal Law Revision Committee
The Criminal Law Revision Committee of England & Wales is a standing committee of learned legal experts that may be called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform...
to reform the English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
of theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
. 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 ....
had codified the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, including larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations.
Provisions
A number of greatly simplified or at least less complicated offences were created.Section 11
This section creates the offence of removing article from place open to the publicRemoving article from place open to the public
Removing article from place open to the public is a statutory offence in England and Wales and Northern Ireland.-England and Wales:This offence is created by section 11 of the Theft Act 1968...
.
Sections 12 and 12A
Specific offences were created in section 12 to cover the taking of bicycles and TWOCTWOC
TWOC is an acronym standing for Taking Without Owner's Consent. Synonyms used by police in the UK include UTMV: Unlawful Taking of a Motor Vehicle, and TADA or TDA: Taking and Driving Away...
to cover the offence of joy-riding
Joyride (crime)
To joyride is to drive around in a stolen car, boat, or other vehicle with no particular goal, a ride taken solely for pleasure.In English law, joyriding is not considered to be theft, because the intention to "permanently deprive" the owner of the vehicle cannot be proven...
or sitting in the car while another drives it away without the owner's consent.
Section 13
This section creates the offence of abstracting electricityAbstracting electricity
Abstracting electricity is a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.-England and Wales:This offence is created by section 13 of the Theft Act 1968:This section replaces section 10 of the Larceny Act 1916....
. It 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 ....
.
Section 15
This section is repealed. It created the offence of obtaining property by deceptionObtaining property by deception
Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland.-England and Wales:This offence was created by section 15 of the Theft Act 1968...
and provided a definition of deception for the purpose of that offence and the offences under sections 15A and 16 and 20(2) of this Act and sections 1 and 2 of the Theft Act 1978
Theft Act 1978
The Theft Act 1978 is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions...
.
Sections 15A and 15B
These sections are repealed. Section 15A created the offence of obtaining a money transfer by deceptionObtaining a money transfer by deception
Obtaining a money transfer by deception was formerly a statutory offence in England and Wales and Northern Ireland.-England and Wales:This offence was created by of the Theft Act 1968. made supplementary provision...
. Section 15B made supplementary provision.
Section 16
This section is repealed. It created the offence of obtaining pecuniary advantage by deception.Section 17
This section creates an offence of false accounting which includes both active falsification and physical destruction of records with intent to cause loss to another.Section 17 replaces sections 82 and 83 of the Larceny Act 1861
Larceny Act 1861
The Larceny Act 1861 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland . It consolidated provisions related to larceny and similar offences from a number of earlier statutes into a single Act...
and the Falsification of Accounts Act 1875. The words "dishonestly with a view to gain for himself or another or with intent to cause loss to another" are substituted in section 17 for the words "intent to defraud" in the former provisions.
Section 18
The words "15, 16 or" in section 18(1) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
.
Section 19
This section adds liability for any officer of a corporationCorporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
or legal entity who publishes false accounts with intent to deceive members or creditors of the body corporate or association about its affairs.
Section 20
Section 20(2) is repealed. It created the offence of procuring the execution of a valuable security by deception.Section 20(2) and the words ""deception" has the same meaning as in section 15 of this Act, and" in section 20(3) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
.
Section 24A
Sections 24A(3) and (4) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
.
Section 25
This section creates an offence of going equipped for burglary or theft. It is described by the marginal note to that section as "going equipped for stealing, etc", and by the preceeding crossheading as "possession of housebreaking implements, etc". It includes any item that is designed to be used to carry out a theft or burglary, as well as any items made specifically by a thief for use in committing a burglary, etc.The words ", and "cheat" means an offence under section 15 of this Act" in section 25(5) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006
Fraud Act 2006
The Fraud Act 2006 is an Act of the Parliament of the United Kingdom. It affects England and Wales and Northern Ireland. It was given Royal Assent on 8 November 2006, and came into effect on 15 January 2007.-Purpose:...
. This was consequential on the repeal of section 15.
Repeals
The Fraud Act 2006 repeals the following Theft Act offences:- Obtaining property by deception (Theft Act 1968, section 15)
- Obtaining a money transfer by deception (Theft Act 1968, section 15A)
- Obtaining pecuniary advantage by deception (Theft Act 1968, section 16)
- Dishonestly procuring execution of a valuable security (Theft Act 1968, section 20 (2))
- Obtaining services by deception (Theft Act 1978, section 1)
- Securing the remission of an existing liability to make a payment (Theft Act 1978, section 2 (1) (a))
- Dishonestly inducing a creditor to wait for payment or to forgo payment with the intention of permanently defaulting on all or part of an existing liability (Theft Act 1978, section 2 (1) (b))
- Obtaining an exemption from or abatement of liability to make a payment (Theft Act 1978, section 2 (1) (c))