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Abstracting electricity

Theft, burglary and robbery — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Theft, burglary and robbery

Abstracting electricity

Theft Act 1968, s.13

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
5 years' custody

Actus reus

  • Dishonestly use without due authority, or dishonestly cause to be wasted or diverted, any electricity.

Mens rea

  • Dishonesty (Ivey test).

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

Defences

Authorised use · Not dishonest · No use/diversion by the defendant

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 1 year's custody.

View definitive guideline ↗

At the police station

Often cannabis-grow or meter-bypass cases. Check meter readings, wiring photos, and whether charged alongside cultivation/production.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Theft, burglary and robbery

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.