Thief 1981 courtroom scene
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Where the defendant has a "criminal lifestyle" as defined by section 75 of the Proceeds of Crime At 2002 ("POCA") the prosecution may seek a confiscation order to deprive them of the benefit of their crimes. Where it is not possible to ascertain whether the offence was committed (partly or entirely) before or after this date, charges can be brought in the alternative under the Fraud Act 2006 and the 1968 or 1978 Act for the court to decide which offence is proved. Where an offence has been "partly committed" before 15 January 2007 it will be covered by the transitional provisions of Schedule 2 of the Fraud Act.
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Offences which pre-date this will still need to be charged under the 1968 or 1978 Acts.įor charges under the Fraud Act see the separate legal guidance on that Act which can be accessed here. The Fraud Act 2006 abolished sections 15, 15A, 16 and 20(2) of the 1968 Act and sections 1 and 2 of1978 Act (all various offences of deception) with effect from 15 January 2007. The courts have repeatedly emphasised that “recent possession” is no more than the application of common sense and is not a legal doctrine as such. Where a defendant is found in possession of property which can be proved to have been stolen recently, then in the absence of some credible explanation the jury may use their common sense to conclude that the defendant is guilty of stealing the property (including thefts in the course of robbery or burglary) or handling it. See also the discussion on "Dishonestly" below. It was not necessary that the defendant themselves should be aware that ordinary people would consider the conduct dishonest. The Supreme Court ruled that whether or not a defendant’s conduct should be considered dishonest was to be decided in accordance with what ordinary, decent people would consider it to be. The leading case on the test for "dishonesty" is Ivey v Genting Casinos AC 391. “Dishonesty” is an essential element in most offences under the 19 Acts but it is not comprehensively defined in either. Those offences are the subject of separate guidance which can be accessed here and here. It does not deal with offences under the Fraud Act 2006 or the Proceeds of Crime Act 2002. This Guidance deals with the most common offences under the Theft Act 1968 ("the 1968 Act") and the Theft Act 1978 ("the 1978 Act"). There is further guidance on these topics in Blackstone's Criminal Practice Section B4 "Theft, Handling Stolen Goods and Related Offences." Introduction Whilst theft and the other offences under the 19 Acts may appear straightforward and often are straightforward on the facts of a specific case, there are also potential pitfalls which prosecutors need to be aware of when deciding, for instance, what is the correct charge for someone who has dishonestly cashed a cheque.
THIEF 1981 COURTROOM SCENE CODE
The purpose of this Legal Guidance is to assist prosecutors in selecting the right charge in accordance with the Code for Crown Prosecutors when reviewing cases which may fall under either the Theft Act 1968 ("the 1968 Act") or the Theft Act 1978 ("the 1978 Act").
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