Appropriates Definition

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GLOSSARY

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What does Appropriates mean?

Under the theft Act 1968, s 3 any assumption by a person of the rights of an owner amounts to an appropriation for the purpose of the offence of theft.

This includes cases where a person came by the property without stealing it and subsequently assumed a right to it by keeping or dealing with it as owner. Where, however, property is transferred for value to a person acting in good faith, no later assumption by him of rights which he believed he was acquiring can, by reason of any defect in the transferor's title, amount to theft of the property.

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Theft

The offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. However, low level shoplifting within the meaning of section 22A of the Magistrates’ Courts Act 1980 (MCA 1980) (where the value of the stolen goods does not exceed £200) is triable only summarily. Where a number of low level shoplifting offences are charged at the same time and the aggregated value of the offences exceeds £200, the offence is not deemed to be low-level within the meaning of MCA 1980, s 22A and can therefore be tried either way.In Candlish the Administrative Court held that 'low value' shop theft allegations should not be treated as summary stand-alone offences, notwithstanding their aggregate value, up to the point of plea and allocation. Citing Harvey, the Administrative Court confirmed in Candlish that the phrase, ‘charged on the same occasion,’ in MCA 1980, s 22A(4)(b), refers to the stage at which the offender first appears before the justices to...

Robbery

RobberyRobbery is a theft offence under section 8 of the Theft Act 1968 (TA 1968), involving dishonesty but elevated also by the use of, or threat of, force.Robbery can only be tried in the Crown Court on indictment.Elements of the offence of robberyA person is guilty of robbery if:•they steal something, and•immediately before or at the time of doing so, and in order to do so, they:◦use force on any person, or◦put any person in fear of being subjected to force then and thereForce, or the threat of force, must be used 'immediately before or at the time' of the theft. There is no guidance as to what 'immediately before' means. If the force used or threatened is after the offence of theft has taken place there will be no robbery, however theft can be a continuing offence. See: R v Hale (1978) 68 Cr App Rep 415, [1979] Crim LR 596 (not reported by ��˾��ҹ��®).The use or threat of force must be 'in order' to carry out the theft. Force...

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GLOSSARY