Last amended by Fraud Act 2006 in 2006. Repealed the deception offences in the Theft Acts 1968 and 1978 (ss.15, 15A, 16, 20(2)) and replaced them with a general fraud offence.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Theft Act 1968 is the principal statute governing dishonesty offences in England & Wales. It replaced the complex and outdated Larceny Act 1916 with a modern, codified framework. The Act defines theft and related offences including robbery, burglary, handling stolen goods, fraud (now largely superseded by the Fraud Act 2006), and blackmail. Its definition of theft in section 1 — 'dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it' — remains one of the most analysed provisions in English criminal law.
Key Points
- Defines theft as dishonest appropriation of property belonging to another with intention to permanently deprive (s.1)
- Appropriation includes any assumption of the rights of an owner (s.3), even with consent (R v Gomez [1993])
- Property includes money, real and personal property, things in action, and other intangible property (s.4)
- Belonging to another includes anyone having possession, control, or any proprietary right or interest (s.5)
- Robbery: theft accompanied by use or threat of force (s.8)
- Burglary: entering a building as a trespasser with intent to steal, inflict GBH, or cause criminal damage (s.9)
- Handling stolen goods: dishonestly receiving or arranging to receive stolen goods (s.22)
- Blackmail: unwarranted demands with menaces (s.21)
Parts & Sections
Amendments History
1978 — Theft Act 1978
Added offences of obtaining services by deception, evading liability by deception, and making off without payment (s.3 — the only section still in force).
1996 — Theft (Amendment) Act 1996
Amended s.15A to add obtaining a money transfer by deception (now superseded by Fraud Act 2006).
2006 — Fraud Act 2006
Repealed the deception offences in the Theft Acts 1968 and 1978 (ss.15, 15A, 16, 20(2)) and replaced them with a general fraud offence.
Frequently asked questions
- What is the legal definition of theft under the Theft Act 1968?
- Under section 1 of the Theft Act 1968, theft is defined as dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. The term 'appropriation' includes any assumption of the rights of an owner, which can occur even if the property was initially obtained with consent or innocently.
- What types of property are covered by the definition of theft?
- The Act specifies that property includes money, all real and personal property, things in action, and other intangible property. However, land generally cannot be stolen except in specific circumstances. Additionally, wild plants and creatures are subject to special rules regarding their status as property under the legislation.
- What constitutes the offence of blackmail under the Act?
- A person is guilty of blackmail if they make an unwarranted demand with menaces with a view to gain or intent to cause loss. A demand is considered unwarranted unless the person believes they have reasonable grounds for making it and that using menaces is a proper means of reinforcing the demand.
- What is the offence of handling stolen goods?
- Handling stolen goods involves dishonestly receiving goods, or dishonestly undertaking or assisting in their retention, removal, disposal, or realisation, while knowing or believing them to be stolen. This offence is distinct from the initial act of theft and targets those who deal with stolen property after it has been taken.
- Has the Theft Act 1968 been replaced by newer legislation?
- The Fraud Act 2006 repealed the specific deception offences found in the Theft Acts 1968 and 1978, including obtaining property by deception. These were replaced with a general fraud offence. However, the Theft Act 1968 remains the principal statute for other dishonesty offences like theft, robbery, and burglary.