Theft


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

Theft


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
imgtext

The offence of theft and mode of trial

Theft 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 answer the charges, rather than any earlier stage.

Practitioners

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Theft definition
What does Theft mean?

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it: Theft Act 1968, s 1.Subsequent provisions of the TA 1968 define, or partly define, each of the requirements of the offence.

Read more readmore

Popular documents

Fraud by false representation

Fraud by false representationThis Practice Note covers the offence of fraud by false representation. You may also be interested in the following Practice Notes: •Fraud by failure to disclose and abuse of position•Obtaining services dishonestly under the Fraud Act 2006•Possessing or making articles

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,

Fraudulent trading under the Fraud Act 2006

Fraudulent trading under the Fraud Act 2006Fraudulent trading under the Fraud Act 2006A defendant who is a sole trader, in a partnership or a trust, commits the offence of fraudulent trading if they are knowingly party to the carrying on of a company’s business either with intent to defraud

Creating or providing false documents or information

Creating or providing false documents or informationOffences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA 1979) if they knowingly or recklessly:•make or signs•cause to be made or signed•deliver or cause to be