ChargeBook
Theft

Theft

Theft Act 1968, s.1 Either wayEnhanced guidanceMax: 7 years' imprisonment

Code checked against the MoJ CJS Offence Index (Sept 2026) on 2026-11-04. Charge wording is still a draft - confirm on your custody system.

Official code variants - pick the one that fits
  • Theft from a shop
  • Theft from the person of another
  • Theft in dwelling other than an automatic machine or meter
  • Theft by employee
  • Theft of pedal cycle
  • Theft from a motor vehicle
  • Theft of motor vehicle
  • Theft - other - including theft by finding

Standard charge wording

On [date] at [location] stole [property] to the value of [£value] belonging to [owner]. Contrary to sections 1(1) and 7 of the Theft Act 1968.

Official sources

Points to prove

0/6 covered

Tap each point once you have evidence for it.

Power of arrest

PACE s.24 – any offence; necessity criteria in s.24(5) must be met (e.g. prompt and effective investigation, prevent loss of property).

Defences

  • Belief in legal right (s.2(1)(a))
  • Belief owner would consent (s.2(1)(b))
  • Belief owner cannot be found (s.2(1)(c))

Key case law

  • Ivey v Genting Casinos [2017] UKSC 67

    Dishonesty: what was D's actual belief about the facts, then was the conduct dishonest by the standards of ordinary decent people? D need not realise it was dishonest.

  • R v Morris [1984] AC 320

    Appropriation is any assumption of any of the owner's rights, e.g. switching price labels.

  • R v Hinks [2001] 2 AC 241

    A valid gift can still be an appropriation if obtained dishonestly.

Reference only. Verify wording and CJS codes against current CPS / PNLD sources before charging.