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Theft Solicitors
If you have been accused of theft and are about to take part in an interview with the police, it is vital that you seek expert legal advice from specialist theft solicitors straight away.
Theft solicitors are experienced in representing people who have been accused of theft and can advise you of the best defence available to you. The sooner you get in touch with experienced theft solicitors, the sooner they can advise you on the best course of action.
Understand the situation
People often get confused between theft and robbery and sometimes even use the terms interchangeably. However, they are both very different offences.
Best outcome
Our team of experienced theft solicitors will be there to help you when you need us and will work with you to achieve the best possible outcome for your case.
What is theft in UK law?
The Theft Act 1968 defines theft as:
- the dishonest appropriation of property
- belonging to another
- with the intention of permanently depriving the other of it
Property can include both money and personal property.
In order to be found guilty of theft, the prosecution must prove the elements mentioned above.
If any of these elements cannot be proven, then the prosecution is unlikely to be successful and the accused can be acquitted and found not guilty.
What are examples of theft?
Theft includes various different types of stealing, such as:
- stealing from a dwelling
- stealing from a car
- stealing from a person (including pickpocketing)
What is the difference between theft and robbery?
People often get confused between theft and robbery and sometimes even use the terms interchangeably. However, they are both very different offences.
Theft involves taking property belonging to another without the use of force. Robbery is stealing from someone and either using force or threatening to use force.
What is the difference between theft and burglary?
Burglary is specifically when someone enters another person’s property illegally, in order to steal something from it.
Which court are theft cases heard in?
Theft can be triable either way. This means that theft cases can be heard in either the Crown Court or the Magistrates’ Court.
There are a number of reasons why a theft case may be heard in a Crown Court, rather than a Magistrates’ Court. For example, if the goods which were stolen were of high value, this may result in the case being heard in the Crown Court.
What is the maximum sentence for theft?
If you are found guilty of theft, the maximum prison sentence you could receive is seven years in custody.
How does the court work out a sentence for theft?
First, the court will determine the offence category by assessing culpability and harm.
Culpability is assessed by looking at all of the characteristics of the case to determine the role of the offender and the level of planning involved.
Culpability is split into three different categories.
High culpability includes factors such as:
- The offender had a leading role (if a group is involved)
- The offender involved others through intimidation, coercion or exploitation
- Significant planning was involved
- The victim was deliberately targeted due to their vulnerability
Medium culpability includes factors such as:
- The offender had a significant role (if a group is involved)
- There was some degree of planning
Lesser culpability includes factors such as:
- The offender had a limited role
- The offender was involved through intimidation, coercion or exploitation
- There was little or no planning involved
Once the court has determined which culpability category the offence falls into, it will then assess the level of harm.
Harm is determined by having regard to the financial loss resulting from the theft and any significant additional harm suffered by the victim or by other people.
Harm is split into four different categories:
Category 1 – The value of the goods stolen was very high (above £100,000) or high with significant additional harm involved
Category 2 – The value of the goods stolen was high (between £10,000 and £100,000) with no significant additional harm (otherwise see category 1 above) or medium with significant additional harm involved
Category 3 – The value of the goods stolen was medium (between £500 to £10,000) with no significant additional harm (otherwise see category 2 above) or low with significant additional harm involved
Category 4 – The value of the goods stolen was low (£500 and under) and there was no or little significant additional harm involved
Examples of significant additional harm include:
- The property stolen was of substantial value to the victim (regardless of the property’s value in monetary terms)
- The victim suffered emotional distress and/or fear caused by the theft
- The theft affected a business
- The theft caused disruption to infrastructure
- Financial harm was caused to the victim (or to other people)
Once the court has assessed the offence category for both culpability and harm, it can then determine a starting point sentence for the offender.
For example, if the theft fell under the highest category for culpability and Category 1 for harm, the starting point sentence would be 3 and a half years in custody.
If the theft fell under the lowest category for culpability and Category 4 for harm, the starting point sentence would be a Band B fine.
After reaching a starting point sentence, the court will then consider any aggravating or mitigating factors which could increase or reduce the sentence respectively.
What are the aggravating factors for theft?
Aggravating factors are factors which could increase the seriousness, and therefore the sentence if you are found guilty, of theft.
These include:
- The offender tried to prevent the victim from reporting the theft or from assisting the prosecution
- The goods were stolen to order
- The offender was motivated out of revenge
- The offender wrongly placed blame on others
What are the mitigating factors for theft?
Mitigating factors are characteristics which could decrease the seriousness of the offence and may reduce the sentence.
These include:
- The offender shows remorse
- The offender’s lack of maturity
- The offender has no relevant previous convictions
Why do I need specialist theft solicitors?
Specialist theft solicitors are experienced in theft cases and can advise you at the police station and represent you in court, if your case goes that far.
Our team of experienced theft solicitors will be there to help you when you need us and will work with you to achieve the best possible outcome for your case.
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