Theft, burglary and robbery
Theft
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (most general theft)
- Maximum penalty
- 7 years' custody (s.1)
Actus reus
- Dishonest appropriation of property belonging to another.
- Appropriation: any assumption of the rights of an owner (including where the owner consented if obtained by deception).
- Property: money, goods, land, things in action, etc. (s.4).
Mens rea
- Dishonesty (Ivey test): (1) ascertain the defendant's actual belief about the facts; (2) was the conduct dishonest by the objective standards of ordinary decent people?
- Intention to permanently deprive (or treat as own to dispose of) — borrowing may suffice if for the period and in circumstances making it equivalent to an outright taking (s.6).
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.
DPP v Gomez[1993] AC 442
Appropriation can occur even where the owner consented if obtained by deception.
R v Lloyd[1985] 1 QB 653
Borrowing can amount to theft if there is intention to treat the goods as own to dispose of.
Defences
Honest belief in legal right · Honest belief owner would consent · No intention to permanently deprive · No dishonesty on Ivey test
Sentencing Council
Sentencing Council "Theft — general" guideline effective 1 February 2016 (offence range discharge to 6 years). Separate guideline exists for theft from a shop or stall.
At the police station
Check value, whether shop/theft-from-person sub-categories apply, and any CCTV. "I was going to pay" / "I thought it was mine" goes to dishonesty and permanent deprivation — take clear instructions.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Related offences
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.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗
- Case law:Ivey v Genting Casinos [2017] UKSC 67 ↗
- Case law:DPP v Gomez [1993] AC 442 ↗