Theft Act 1968

The Theft Act 1968^[1]

Parliament of the United Kingdom
Long title	An Act to revise the law of England and Wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against the other, and to make certain amendments extending beyond England and Wales in the Post Office Act 1953 and other enactments; and for other purposes connected therewith.
Statute book chapter	1968 c. 60
Territorial extent	England and Wales
Dates
Royal Assent	26 July 1968
Commencement	1 January 1969[2]
Other legislation
Amendments	Fraud Act 2006
Related legislation	Larceny Act 1916 and various Criminal Justice Acts
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

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.

Contents 1 History 2 Provisions 2.1 Section 1 - Basic definition of "theft" 2.2 Section 2 2.3 Section 8 2.4 Section 9 2.5 Section 10 2.6 Section 11 2.7 Sections 12 and 12A 2.8 Section 13 2.9 Section 15 2.10 Sections 15A and 15B 2.11 Section 16 2.12 Section 17 2.13 Section 18 2.14 Section 19 2.15 Section 20 2.16 Section 21 2.17 Section 22 2.18 Section 23 2.19 Section 24A 2.20 Section 25 3 Repeals 4 See also 5 References 6 External links

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.

Provisions

A number of greatly simplified – or at least less complicated – offences were created.

Section 1 - Basic definition of "theft"

This section creates the offence of theft.

Section 2

This section provides a partial definition of dishonesty for certain purposes.

Section 8

This section creates the offence of robbery.

Section 9

This section creates the offence of burglary.

Section 10

This section creates the offence of aggravated burglary.

Section 11

This section creates the offence of removing article from place open to the public.

Sections 12 and 12A

Specific offences were created in section 12 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.

Section 13

This section creates the offence of abstracting electricity. It replaces section 10 of the Larceny Act 1916.

Section 15

This section is repealed. 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.

Sections 15A and 15B

These sections are repealed. Section 15A created the offence of obtaining a money transfer by deception. 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 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.^[3]

Section 18

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

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

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.

Section 21

This section creates the offence of blackmail.

Section 22

This section creates the offence of handling stolen goods.

Section 23

This section replaces section 102 of the Larceny Act 1861.^[4]

Section 24A

Sections 24A(3) and (4) were repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006.

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. 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))

See also

• Theft Act

References

1. ^ The citation of this Act by this short title is authorised by section 36(1) of this Act.
2. ^ The Theft Act 1968, section 35(1)
3. ^ Scott v Metropolitan Police Commissioner [1975] AC 819 at 836, per Viscount Dilhorne
4. ^ Ormerod, David. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. p. 254. n. 49.

• Allen, Michael. Textbook on Criminal Law. Oxford: Oxford University Press. (2005) ISBN 0-19-927918-7.
• Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
• Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. ISBN 0-421-19960-1
• Martin, Jacqueline. Criminal Law for A2, Hodder Arnold (2006). ISBN 978-0-340-91452-6
• Ormerod, David. Smith and Hogan Criminal Law, 11th Ed., Oxford: Oxford University Press. (2005) ISBN 0-406-97730-5
• Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

External links

• Fraud Act: Fraud
• Fraud Act: Possession, making and supply articles for use in frauds; obtaining services dishonestly

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