Abstracting Electricity (Section 13 Theft Act 1968)

Abstracting electricity is an offence under s.13 Theft Act 1968. A person commits the offence if he dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity (s.13). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding five years (s.13). Section 13 states only the penalty on conviction on indictment. A magistrates' court does not have power to impose imprisonment for a term exceeding 12 months in respect of any one offence triable either way (Sentencing Act 2020, s.224(1) and (1A)(b)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).