Theft (Section 1 Theft Act 1968)

Theft is an offence under s.1 Theft Act 1968. A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it (s.1(1)); it is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit (s.1(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding seven years (s.7). If tried summarily, a magistrates' court does not have power to impose imprisonment for a term exceeding the general limit, which is 12 months in the case of an offence triable either way (Sentencing Act 2020, s.224(1), (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).