Theft, burglary and robbery
Robbery
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of then-and-there force (Theft Act 1968, s.8(1)).
- Force need not be grave — a tug or snatch with force can suffice on the authorities. Whether force used only while escaping is still "at the time of" stealing is a continuing-appropriation point: read the CPS Theft Act guidance rather than assuming it always is.
Mens rea
- Mens rea for theft (dishonesty + intention to permanently deprive). The force or putting in fear must be used in order to steal.
Verified case law
DPP v Gomez[1993] AC 442
Appropriation can occur even where the owner consented if obtained by deception.
Defences
Deny theft (honest belief, no appropriation) · No force or threat of force · Deny identification · Duress (rare)
Sentencing Council
Street and less sophisticated commercial robbery guideline effective 1 April 2016 (offence range community order to 12 years). Separate guidelines cover dwelling and professionally planned commercial robbery.
At the police station
Often charged where mugging or shop theft involves a struggle. Clarify sequence: was property taken first, then force used to escape? That may still be robbery if force was to retain goods.
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.
- Statute:Theft Act 1968, s.8 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗
- Case law:DPP v Gomez [1993] AC 442 ↗