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The history and legislation on auto theft since 1981

Theft Act 1968

The Larceny Act 1916 had codified the common lawincluding 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.

Section 1 - Basic definition of "theft"[ edit ] This section creates the offence of theft. This definition is supplemented by sections 2 to 6. Section 3 - "Appropriation"[ edit ] Appropriation is defined as "Any assumption by a person of the rights of an owner". The courts have interpreted the assumption "of the rights of an owner" to mean that a person assumes at least one of a set of rights rather than having to assume all of the rights of the owners.

This interpretation of the legislation was originally given in the case of R v Morris; Anderton v Burnside[2] and it has been endorsed by the decision in R v Gomez. It is possible to have a proprietary right or interest over property that in the ordinary sense belongs to someone else. In the case of R v Turner No.

  • Moreover, the vehicle must retain its stolen character during the transportation under 18 U;
  • Section 25[ edit ] "Going Equipped" redirects here.

The garage that repaired his car had a proprietary right over it. One can have a controlling interest in a piece of property even after selling it. In R v Marshall, [6] a group of defendants resold used tickets for the London Underground. The Court of Appeal dismissed their appeal in part because the tickets the history and legislation on auto theft since 1981 they were the property of London Underground, a condition of sale agreed to by the original buyer of the ticket.

Section 5 includes subsections that deal with possession that has conditions. Section 5 3 deals with situations where a person has given property to another for a particular purpose: If A gives B money to purchase a particular good for A and B buys something else with it without A's consent, even though the property is not in A's hands, A still has a controlling interest in it under Section 5 3. If one is placed under a duty to use property in a particular way, that obligation must be legal under civil law according to the Court of Appeal in R v.

Breaks and Huggan 1998. There are limits to the legal obligations one is liable for under Section 5 3. Hall 1972a customer paid a deposit to a travel agent. The deposit was paid into the company's bank account but the travel agent went out of business. This was not an instance of theft as the money was legitimately paid as a deposit against cancellation and there was no specific obligation to spend the money in a particular way.

Section 5 4 requires that if property is received by mistake it must be returned and failure to do so counts as appropriation. This was seen in action in Attorney-General's Reference No. The Court of Appeal held it to be theft. Section 6 "Intention to permanently deprive"[ edit ] This section provides that a person in order to be guilty of theft had the intention of permanently depriving the other of the property.

Section 7 - Theft[ edit ] This section provides that a person convicted of theft on indictment is liable to imprisonment to a term not exceeding seven years. Section 8 - Robbery[ edit ] Section 8 1 creates the offence of robbery. Section 8 2 provides that a person convicted on indictment of robbery or assault with intent to rob is liable to imprisonment for life.

Section 9 - Burglary[ edit ] This section creates the two offences of burglary and provides for penalties for that offence on conviction on indictment. The two offences can be found in section 9 1 a and in section 9 1 b Section 9 1 A An offence the entry has to be with intent to commit one of the three offences listed and the entry may be by entry of the full body, entry of part of the body or entry by an instrument For a 9 1 b offence the offender does not require intention at the point of entry.

Section 10 - Aggravated burglary[ edit ] Section 10 1 creates the offence of aggravated burglary. Section 10 2 provides that the history and legislation on auto theft since 1981 person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.

Section 11 - Removal of articles from places open to the public[ edit ] This section creates the offence of removing article from place open to the public and provides that a person guilty of that offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years. Section 12 - Taking motor vehicle or other conveyance without authority[ edit ] Section 12 5 creates a separate offence of taking a pedal cycle.

1302. Motor Vehicle And Aircraft Theft -- Definition Of "Stolen"

Section 12A - Aggravated vehicle-taking[ edit ] This section, which was added by the Aggravated Vehicle-Taking Act 1992creates an offence of aggravated vehicle taking. Section 13 - Abstracting of electricity[ edit ] This section creates the offence of abstracting electricity. It replaces section 10 of the Larceny Act 1916.

Extension to thefts from mails outside England and Wales, and robbery etc.

Section 15 - Obtaining property by deception[ edit ] This section was repealed by the Fraud Act 2006. It created the offence of obtaining property by deception 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 15A created the offence of obtaining a money transfer by deception.

Section 15B made supplementary provision.

  1. Law 103-322, Congress enacted a provision, now codified at 18 U. Section 20 - Suppression, etc, of documents[ edit ] 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.
  2. It is possible to have a proprietary right or interest over property that in the ordinary sense belongs to someone else. Hall 1972 , a customer paid a deposit to a travel agent.
  3. It is described by the marginal note to that section as "going equipped for stealing, etc", and by the preceding crossheading as "possession of housebreaking implements, etc".

Section 16 - Obtaining pecuniary advantage by deception[ edit ] This section was repealed by the Fraud Act 2006. It created the offence of obtaining pecuniary advantage by deception.

Section 17 - False accounting[ edit ] This section creates an offence of false accounting. Section 18 - Liability of company officers for certain offences by company[ edit ] The words "15, 16 or" in section 18 1 were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. Section 19 - False statements by company directors etc[ edit ] This section 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 20 - Suppression, etc, of documents[ edit ] 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. Section 21 - Blackmail[ edit ] This section creates the offence of blackmail. Section 22 - Handling stolen goods[ edit ] This section creates the offence of handling stolen goods. Section 23 - Advertising rewards for return of goods stolen or lost[ edit ] This section replaces section 102 of the Larceny Act 1861.

Scope of offences relating to stolen goods. Section 24A - Dishonestly retaining a wrongful credit[ edit ] This section creates the offence of dishonestly retaining a wrongful credit. Section 25[ edit ] "Going Equipped" redirects here.

For the Aardman Animations film, see Going Equipped film. This section creates an offence of "going equipped" for burglary or theft.

  1. Section 11 - Removal of articles from places open to the public[ edit ] This section creates the offence of removing article from place open to the public and provides that a person guilty of that offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years.
  2. There are limits to the legal obligations one is liable for under Section 5 3.
  3. Section 10 2 provides that a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life. 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.

It is described by the marginal note to that section as "going equipped for stealing, etc", and by the preceding 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.

This was consequential on the repeal of section 15.