Investigative Skills - Theft PDF

INV05 INV05 Police College Investigative Skills Theft Introduction Theft is a so-called ‘volume crime’. Of all the dishonest criminal offences you will deal with, theft will probably be the most common. The p...

INV05 INV05 Police College Investigative Skills Theft Introduction Theft is a so-called ‘volume crime’. Of all the dishonest criminal offences you will deal with, theft will probably be the most common. The primary source of legislation relating to theft is to be found in Section 1-6 of the Theft Act (NI) 1969 (mandatory reading and examinable) which can be found on Classis. The information here is therefore relevant when conducting initial investigations and reporting of crime, according to the national/ local policing plans. You are likely to encounter theft early on in your career as a probationer police officer. Offences of theft include shoplifting and stealing from a friend, stranger or employer, as well as a number of other similar crimes. There are many legal complexities surrounding theft and we will examine the basic principles involved. However, it is worth clarifying at this point two particular examples of theft that occur commonly and are looked at separately in your course. These are: Robbery (theft from a person, accompanied by violence or the threat of violence). Burglary (theft or the intention of theft from a building). Section 1 of the Theft Act (NI) 1969 states, “a person is guilty of theft if he/she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”. OFFICIAL [SENSITIVE] Page 51  INV05 INV05 Police College A thief is a person who commits a theft or in everyday language, steals something. We will examine each of the five key concepts for theft in turn. Dishonesty Dishonesty is not defined by the Act, but Section 2 (1) of the Theft Act (NI) 1969 defines where a person will not be treated as dishonest. The person is not acting dishonestly if he/she believes that:  He/she had the lawful right to take the item (for example a person mistakenly taking the wrong umbrella from a stand believing it was his or her own);  He/she would have had the owner’s consent if the owner had known the circumstances (for example your neighbour is on holiday and you are looking after their garden, but your strimmer breaks down so you take his from his shed to cut your grass); and  The owner cannot be discovered by taking reasonable steps (for example a person finds a small amount of cash in the street).  Section 2(2) of the Theft Act (NI) 1969 states that a person may be treated as dishonest if property for sale is taken without payment, even if the person would have been willing to pay for it. In the end, a court must decide if a person acted dishonestly or not. Case Law Where Section 2 of the Act does not assist in determining dishonesty, the jury or magistrates until recently were asked to consider the ruling in R v Ghosh. This test considered two questions based on objectivity and subjectivity. Following a ruling held in Ivey v Genting Casinos (UK) Ltd 2017, the Supreme Court concluded that the subjective element of the Ghosh test does not correctly represent the law. Therefore, the test for dishonesty should relate to the decisions reached in Royal Brunei Airlines Sdn v Tan 1995 and Barlow Clowes International v Eurotrust International Ltd 2006. OFFICIAL [SENSITIVE] Page 52  INV05 INV05 Police College This current test for dishonesty requires the magistrates/jury to ascertain the defendant’s genuinely held belief or knowledge as to the facts (this does not have to be a reasonable belief - the question is whether the belief is genuinely held). Once the defendant’s actual state of mind is established, the magistrates/jury will apply the objective standards of ordinary decent people to determine if the defendant’s conduct was dishonest or not. Appropriation With reference to theft, the term appropriation is given the following meaning in the Theft Act (NI) 1969, Section 3 (1):  Assuming the rights of an owner of property by keeping it or controlling its movements (for example, a girl takes a pen from a shop display and secretes it in her pocket); or  Obtaining property innocently and later keeping it and using it as his or her own (for example, hiring a power tool and not returning it). However, when an innocent purchaser pays a fair price to a person who is selling some kind of property which later turns out to be stolen, the innocent purchaser will not have committed theft. For example, if a person buys a second-hand bicycle in good faith and then discovers it is stolen, he/she will not have committed theft (Section3 (2) of the Theft Act (NI) 1969). It will then be a matter for a civil court to decide who the rightful owner is (the person who owned the cycle prior to the theft or the innocent purchaser). OFFICIAL [SENSITIVE] Page 53  INV05 INV05 Police College Property Section 4 Theft Act (NI) 1969: Property includes money, personal property (such as personal effects and domestic animals) and real property (‘real estate’) for example land and things forming part of the land, such as buildings and some plants. But it also includes:  Things in action, for example patents, copyrights, and trademarks;  Plants or fungi growing wild, but only if they are picked for sale, reward, or a commercial purpose (but always consider other legislation that might prohibit such activities).  Wild creatures, but only if they are tamed and have not been lost or abandoned since they were kept in captivity; or they are being, or have been, reduced into property  Tangible - Perceptible by touch.  Intangible - Unable to be touched.  Note however, real property can only be stolen:  By a trustee (someone who has the legal control over the land) for example during its transfer in some kind of a legal process;  By persons who do not own the land, for example by removing turf, top soil, or digging up cultivated trees and shrubs; or  By tenants, for example by removing fixtures and fittings. Electricity is not legally property, so it cannot be stolen. The offence of abstracting electricity is an offence legislated in Section 13 of the Theft Act (NI) 1969 and is not covered in your notes. OFFICIAL [SENSITIVE] Page 54  INV05 INV05 Police College Belonging to another  Property belongs (Section 5 of the Theft Act (NI) 1969) to any person who has:  Proprietary right or interest, for example the owner of a computer that needs repair;  Possession, for example the owner of the computer repair shop that the owner takes the computer to for repair; or  Control, for example the person repairing the computer. The intention to permanently deprive The intention to permanently deprive is shown by a person treating another person’s property as if it were his or her own (Section 6 (1) of the Theft Act (NI) 1969). This could include:  Lending and borrowing over an extended time scale (for example borrowing a DVD from somebody for a weekend, and keeping it for a year);  Pawning an item (for example, going to a pawnbroker’s shop with another person’s property and receiving a loan of money in exchange). The mode of trial and the penalty for theft The offence of theft is triable either way. This is an important consideration when using your PACE powers.  Summarily: six month’s imprisonment and/or a fine;  On indictment: ten year’s imprisonment. OFFICIAL [SENSITIVE] Page 55  INV05 INV05 Police College Notes Now that you have read your notes on theft you will have to formulate the grounds to make an arrest. The most common power of arrest available to police is Article 26 Police and Criminal Evidence (NI) Order 1989 (PACE), as seen in the CJS notes and lessons. Police also have powers to stop and search prior to arrest (Article 3 PACE (NI) Order 1989) and search after arrest Article 20 and 34 PACE (NI) Order 1989 (provided conditions apply). Having found the property you are looking for, PACE gives police powers to seize and retain property for evidence purposes. PACE search / seizure powers module refers. Police powers are far reaching and effect the personal and private life of the individual and other persons involved. Before using powers a police officer should in a position to answer the following questions: 1. Do I have a lawful power? Every action must have a legal basis. 2. Is what I am doing proportionate? Is there a reasonable relationship between the aim to be achieved and the means used? 3. What is my objective? What is the proposed action intended to achieve? Is it relevant and is it necessary? 4. Is there a less intrusive alternative? Consider whether the objective can be achieved with less impact on the rights of the subject and any other person likely to be affected. 5. Do I need to act now? Is the proposed action urgent, or could it wait? 6. Is there a record of my reasoning? Keep a record of your decisions whenever they affect someone’s rights? OFFICIAL [SENSITIVE] Page 56