Property Offences in English Criminal Law

Introduction

Property offences in English criminal law are governed principally by the Theft Act 1968 and the Fraud Act 2006. The Theft Act 1968 consolidated and reformed the law of theft, robbery, burglary, and related offences, replacing the complex and archaic offences of larceny, embezzlement, and false pretences. The Fraud Act 2006 created a single general offence of fraud, replacing the numerous deception offences under the Theft Acts 1968 to 1996. The law of criminal damage is governed by the Criminal Damage Act 1971.

Theft

Theft is defined by section 1 of the Theft Act 1968 as the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. The five elements are appropriation, property, belonging to another, dishonesty, and intention permanently to deprive.

Appropriation is defined by section 3 as any assumption by a person of the rights of an owner. In R v Morris (1984), Lord Roskill stated that appropriation involves an assumption of any of the rights of the owner, not necessarily all of them. The House of Lords in R v Gomez (1993) held that appropriation can occur even where the owner consents to the taking, overruling the earlier requirement of an adverse interference with the owner’s rights.

Property is defined broadly by section 4 to include money, personal property, real property, things in action, and intangible property. Certain items cannot be stolen, including land (subject to exceptions), wild mushrooms and flowers (unless taken for reward), and wild creatures (unless tamed or in captivity).

Belonging to another is defined by section 5 to include possession, control, and proprietary interests. Property may belong to another even where the defendant has a proprietary interest, as in R v Turner (No 2) (1971), where a defendant was convicted of stealing his own car from a repairer who had possession and control.

Dishonesty is governed by the test in Ivey v Genting Casinos (UK) Ltd (2017), in which the Supreme Court overruled the earlier two-stage test from R v Ghosh (1982). The current test is objective: the fact-finder must first determine the defendant’s actual state of knowledge or belief as to the facts; then, applying ordinary standards of honest behaviour, determine whether the defendant’s conduct was dishonest.

Intention permanently to deprive requires the defendant to have the intention permanently to deprive the owner of the property. Section 6 provides that a person who treats property as their own to dispose of, regardless of the other’s rights, may be treated as having the intention permanently to deprive.

Robbery

Section 8 of the Theft Act 1968 defines robbery as theft accompanied by the use or threat of force on any person, with the force used or threatened in order to steal or in order to put or seek to keep any person in fear of being subjected to force. The force must be used at the time of or immediately before or after the theft. Robbery is triable only in the Crown Court and carries a maximum penalty of life imprisonment.

Burglary

Section 9 of the Theft Act 1968 creates two forms of burglary. A person commits burglary if they enter a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or cause criminal damage (section 9(1)(a)), or if, having entered as a trespasser, they steal or attempt to steal, or inflict or attempt to inflict grievous bodily harm (section 9(1)(b)).

The entry must be effective and not merely preparatory. The building must be a structure of a permanent or semi-permanent character, including inhabited vehicles and vessels. Trespass requires that the defendant lacked the owner’s consent or exceeded the scope of any consent given.

Fraud

The Fraud Act 2006 created a single general offence of fraud, triable either way, with a maximum penalty of ten years’ imprisonment. Section 2 defines fraud by false representation, section 3 defines fraud by failing to disclose information, and section 4 defines fraud by abuse of position.

Fraud by false representation (section 2) requires the defendant to make a false representation (expressly or by conduct) dishonestly, intending by the representation to make a gain for themselves or another, or to cause loss or the risk of loss to another. The representation may be as to fact or law, including the state of mind of the person making the representation.

Fraud by failing to disclose information (section 3) requires the defendant to fail to disclose information to another person where they are under a legal duty to do so, dishonestly intending to make a gain or cause loss.

Fraud by abuse of position (section 4) requires the defendant to occupy a position in which they are expected to safeguard the financial interests of another, and to abuse that position dishonestly, intending to make a gain or cause loss.

Criminal Damage

The Criminal Damage Act 1971 creates the offence of destroying or damaging property belonging to another, without lawful excuse, intending to destroy or damage property or being reckless as to whether property is destroyed or damaged. The offence is triable either way and carries a maximum penalty of ten years’ imprisonment.

Aggravated criminal damage (section 1(2)) requires the destruction or damage of property with intent to endanger life or being reckless as to whether life is endangered. This offence carries a maximum penalty of life imprisonment. Arson (section 1(3)) is criminal damage committed by fire.

Conclusion

Property offences in English law are structured around the core offences of theft and fraud, with more serious variants including robbery, burglary, and aggravated criminal damage. The Theft Act 1968 and Fraud Act 2006 provide a comprehensive code for the protection of property rights, while the Criminal Damage Act 1971 protects against damage to property.