Theft under Theft Act 1968

Theft is a criminal offence that involves the dishonest appropriation of another person's property without their consent, with the intention to permanently deprive them of it. Sections 1–7 of the Theft Act 1968 set out the legal framework of this offence, including its definition and sentencing, in England and Wales.

Section 1: Basic Definition of Theft
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Section 7: Sentencing
A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years.

The key points and interpretation of theft under Sections 2–6 are as follows:

Dishonesty: To establish theft, the appropriation must be accompanied by dishonesty. The law defines dishonesty as acting with the intention to permanently deprive the owner of the property. However, the Act also provides certain circumstances in which a person may still be considered dishonest, even if they claim a right to the property or have the owner's consent. You are advised to refer to Section 2 of the Act for the exact definition.

Appropriation: Appropriation refers to any act of assuming the rights of an owner over property. It includes taking, obtaining, using, or retaining control over the property. It can also include instances where a person has a lawful right to the property but exceeds that right or abuses it. It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit. You are advised to refer to Sections 1 and 3 of the Act for the exact definition.

Property: The term "property" encompasses a wide range of things, including money, goods, personal belongings, land, intellectual property, and other valuable assets. Property can be tangible (physical objects) or intangible (such as bank account balances or computer data). You are advised to refer to Section 4 of the Act for the exact definition.

Belonging to another: The property that is subject to theft must belong to someone other than the person who appropriates it. The owner may have possession, control, or a proprietary interest in the property. Property can belong to an individual, a company, an organisation, or the public. You are advised to refer to Section 5 of the Act for the exact definition.

Intention to permanently deprive: The final element of theft is the intention to permanently deprive the owner of the property. This means that the person appropriating the property intends to treat it as their own, without any intention of returning it to the owner. It can involve selling, destroying, disposing of, or keeping the property. You are advised to refer to Section 6 of the Act for the exact definition.

Sentencing: If someone is found guilty of theft, the potential penalties can vary depending on the value of the property stolen and other aggravating factors. The court may impose fines, community orders, or custodial sentences, depending on the seriousness of the offence.

It is important to note that theft may have specific variations or additional elements depending on the circumstances. You are advised to refer to the full text of the Theft Act 1968 for comprehensive and accurate information regarding the offence of theft and its specific application in a given situation.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.