NCJ Number
55354
Journal
Police Review Volume: 85 Issue: 4483 Dated: (DECEMBER 15, 1978) Pages: 1853-1856
Date Published
1978
Length
4 pages
Annotation
PROVISIONS OF THE BRITISH THEFT ACT OF 1968 ARE EXAMINED THAT COVER THE TAKING OF VEHICLES AND PEDAL BICYCLES AND THE MISAPPROPRIATION OF ELECTRICITY.
Abstract
THE FORMER LAW IS REVIEWED, INCLUDING CHANGES MADE BY THE THEFT ACT OF 1968 AND APPLICABLE JUDICIAL DECISIONS. THE SECTION ON THE TAKING OF CONVEYANCES COVERS THE DEFINITION OF CONVEYANCE, THE ELEMENTS NECESSARY TO PROVE IT WAS TAKEN WITHOUT CONSENT, STATUTORY DEFENSE, PENALTIES, AND MODE OF TRIAL. ALTERNATIVE VERDICTS ARE EXAMINED, AS ARE ASSOCIATED ROAD TRAFFIC ACTS WHICH MAY BE APPLICABLE. THE NEW ACT ALSO INCLUDES PEDAL CYCLES SPECIFICALLY AS ITEMS SUBJECT TO THEFT LAW. THIS IS A CHANGE FROM THE FORMER THEFT ACT, WHICH SPECIFICALLY EXCLUDED BICYCLES. THE 1968 THEFT ACT ALSO PROVIDES FOR MISAPPROPRIATION OF ELECTRICITY. BEFORE, THE LAW ASSUMED THAT ELECTRICITY, BEING A FORM OF ENERGY AND NOT A PHYSICAL SUBSTANCE, COULD NOT BE STOLEN. SECTION 13 OF THE NEW ACT PROVIDES THAT PERSONS COMMIT AN OFFENSE IF THEY DISHONESTLY USE ELECTRICITY WITHOUT DUE AUTHORITY OR DISHONESTLY CAUSE IT TO BE MASTED OR DIVERTED. A JUDICIAL DECISION UPHOLDING THIS LAW IS CITED. IT IS POINTED OUT THAT THE STATUTE DOES NOT APPLY ONLY TO CENTRALLY GENERATED ELECTRICITY. ELECTRICITY STORED IN A BATTERY, SUCH AS AN AUTOMOTIVE BATTERY OR A FLASHLIGHT OR TORCH BATTERY, IS ALSO COVERED. PENALTIES AND MODES OF TRIAL ARE REVIEWED. (GLR)