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Encyclopedia > Theft Act 1968
Criminal law
Part of the common law series
Elements of crimes
Actus reus  · Causation  · Concurrence
Mens rea  · Intention  · Recklessness
Willful blindness  · Criminal negligence
Ignorantia juris non excusat
Corporate liability
Categories of crimes
Felony/Indictable
Misdemeanor/Summary
Hybrid offence  · Lesser included offense
Regulatory offences
International crime
Crimes against the person
Assault  · Battery  · Robbery
Kidnapping  · Rape
Mayhem  · Manslaughter  · Murder
Crimes against property
Burglary  · Larceny  · Arson
Embezzlement  · False pretenses
Extortion  · Forgery
Crimes against justice
Bribery  · Perjury
Obstruction of justice
Misprision of felony
Inchoate offenses
Solicitation  · Attempt
Conspiracy  · Accessory
Defenses to crime
Automatism  · Excuse and exculpation
Self defense and defense of others
Necessity  · Duress  · Infancy
Mistake of law  · Mistake of fact
Insanity/mental disorder  · Entrapment
Intoxication  · Justifiable homicide
See also Criminal Procedure
Other areas of the common law
Contract law  · Tort law  · Property law
Wills and trusts  · Evidence

The Theft Act 1968 (1968 c.60) is an Act of the UK Parliament, governing most of the general property offences in English law. Image File history File links SmallLadyJustice. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ... Concurrence or Simultaneity is a legal term, from Western jurisprudence, referring to the simultaneous occurrence of actus reus (bad action) and mens rea (bad mind), which must be present for a crime to have occurred; except in crimes of strict liability. ... Mens rea is a Criminal Law concept which focuses on the mental state of the accused and requires proof of a positive state of mind such as intention, recklessness or wilful blindness, or criminal negligence. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus... Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law is no excuse) is a legal doctrine holding that a person who is unaware of a law may not escape punishment for violating the law merely because they were unaware of the law; that is... In the criminal law, corporate liability is an aspect of criminal vicarious liability and determines the extent to which a corporation as a fictitious person can be convicted of offences committed by the natural persons it employs. ... A felony, in many common law legal systems, is the term for a very serious crime; misdemeanors are considered to be less serious. ... In many common law jurisdictions (e. ... A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ... International law deals with the relationships between states, or between persons or entities in different states. ... In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ... Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ... Larceny is a common law crime involving stealing. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... False pretenses is a common law crime. ... Extortion is a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to this person, reputation, or property. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... Bribery is the practice of offering a professional or an authority person money or other favours in order to circumvent ethics or other rules in a variety of situations. ... Perjury is lying or making verifiably false statements under oath in a court of law. ... Obstruction of justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ... An inchoate offense is a crime. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, so a natural person identified with the mind of a legal entity cannot conspire with the company alone. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Automatism is a disassociative state where the individual suffering from it has no control over their actions. ... In jurisprudence, an excuse is a defense in which a defendant argues that he or she was not liable for his or her actions at the time a law was broken and thus he or she should not be held liable for a crime. ... Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... In criminal law, necessity is a possible excuse for breaking the law. ... Duress (coercion) (as a term of jurisprudence) is a possible defense, via excuse, by which a defendant may argue that they should not be held criminally liable for actions which broke the law. ... Defense of infancy is a form of defense by excuse; in which a defendant argues that, at the time a law was broken, they were not criminally liable for their actions, as they had not reached an age of criminal responsibility. ... Mistake of law is a defense sometimes raised in criminal cases, although rarely with any success. ... Mistake of fact is an affirmative defense to a crime where the mistake negates the culpable mental state. ... In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill or mentally incompetent at the time of their allegedly criminal actions. ... In criminal law of commonwealth countries, the defense of mental disorder - sometimes called the defence of mental illness - is a legal defence by excuse, by which a defendant may argue that they should not be held criminally liable for breaking the law, as they were at the time of their... In jurisprudence, entrapment is a procedural defense by which a defendant may argue that they should not be held criminally liable for actions which broke the law, because they were induced (or entrapped) by the police to commit said acts. ... An intoxication defense, in criminal law, is a defense by excuse, via which a defendant argues that they should not be held criminally liable for actions which broke the law, because they were intoxicated. ... A non-criminal homicide, usually committed in self-defense or in defense of another, may be called justifiable homicide in some cases. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (eg. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... English law is the law of England and Wales, rather than Scotland and Northern Ireland. ...


History

The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee 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. The Act received the Royal Assent on 26 July 1968. 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. ... English law is the law of England and Wales, rather than Scotland and Northern Ireland. ... Everyday instance of theft: the bike which fits on this wheel has disappeared Theft (also known as stealing) is in general, the wrongful taking of someone elses property without that persons willful consent. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Larceny is a common law crime involving stealing. ... The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ... July 26 is the 207th day (208th in leap years) of the year in the Gregorian Calendar, with 158 days remaining. ... 1968 (MCMLXVIII) was a leap year starting on Monday (the link is to a full 1968 calendar). ...


Offences Created

A number of greatly simplified — or at least less complicated — offences were created which all incorporate the element of dishonesty: Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ...

  • all the variety of larcenies and conversion in the Larceny Act 1916 were brought into a single offence as defined in s1 of theft;
  • aggravated forms of theft involving the threat or use of violence were consolidated under s8 into robbery;
  • burglary and all the different forms of housebreaking, shopbreaking, etc were captured under s9 as the single heading of burglary;
  • specific offences were created in s12 to cover the taking of bicycles and TWOC to cover the offence of joy-riding or sitting in the car while another drives it away without the owner's consent:
  • abstracting electricity — the "theft" of electricity which had been included in the Act 1916 was retained in s13;
  • for historically valid but now redundant reasons, a specific offence was created to protect art galleries, museums, etc;
  • the basic pattern of offences was established in the Act 1968, and then amended in the Theft Act 1978 and the Theft (Amendment) Act 1996 which addressed some of the problems that had arisen in the enforcement of the law. There are now five offences, namely:
(a) obtaining property by deception under s15 Theft Act 1968;
(b) obtaining a money transfer by deception under ss15A and 15B Theft Act 1968 (see Act 1996);
(c) obtaining a pecuniary advantage by deception under s16 Theft Act 1968;
(d) obtaining services by deception under s1 Theft Act 1978; and
(e) evasion of liability by deception under s2 Theft Act 1978;
It is also an offence to make off without paying. This does not require a deception.
  • Section 17 creates an offence of false accounting which includes both active falsification and physical destruction of records with intent to cause loss to another. Section 19 adds liability for any officer of a corporation or legal entity who publishes false accounts with intent to deceive members or creditors of the body corporate or association about its affairs.
  • Section 21 consolidates the offence of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces
  • the range of offences previously described as "receiving" were consolidated under ss22 et seq into handling which covers any situation in which a person assists a thief by buying the stolen goods or assisting in their disposal, etc.

Everyday instance of theft: the bike which fits on this wheel has disappeared Theft (also known as stealing) is in general, the wrongful taking of someone elses property without that persons willful consent. ... TWOC is an acronym standing for Taken Without Owners Consent. ... To joyride is to drive around in a car with no particular goal, a ride taken solely for pleasure. ... The Theft Act 1978 supplemented to earlier Theft Act 1968. ... A corporation is a legal entity (distinct from a natural person) that often has similar rights in law to those of a Civil law systems may refer to corporations as moral persons; they may also go by the name AS (anonymous society) or something similar, depending on language (see below). ... A legal entity is a legal construct through which the law allows a group of natural persons to act as if it were an individual for certain purposes. ... Blackmail is the crime of threatening to reveal substantially true information about a person to the public, a family member, or associates unless a monetary demand is met. ... A cars handling is a description of the way the car performs, particularly during cornering. ...

References

  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977

  Results from FactBites:
 
Theft Act 1968 - Wikipedia, the free encyclopedia (598 words)
The Theft Act 1968 (1968 c.60) is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law.
The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft.
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.
  More results at FactBites »


 

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