Our team are specialists in the field of theft from employer.
What legislation covers this offence?
Theft from Employer is covered by Section 1 of The Theft Act 1968.
In terms of this Act, what is the basic definition of ‘theft’?
A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.
It makes no difference whether or not the dishonestly taking of such property is made with the intention of gain, or for benefit.
It should be noted that ‘dishonestly’, ‘appropriates’, ‘property’, ‘belonging to another’ and ‘with the intention of permanently depriving the other of it’ are legal terms defined by the Act, as detailed below.
What is meant by ‘dishonestly’?
The Act defines this term as follows:-
(1)A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b)if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c)(except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(2)A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.
What is meant by ‘appropriates’?
The Act defines this term as follows:-
(1)Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
(2)Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.
What is meant by ‘property’?
The Act defines this term as follows:-
(1)“Property” includes money and all other property, real or personal, including things in action and other intangible property.
It should be noted that the Act gives additional guidance relating to land, plants and animals not included here.
What is meant by ‘belonging to another?’
The Act defines this term as follows:-
(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).
(2)Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right.
(3)Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.
(4)Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.
(5)Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation.
What is meant by ‘with the intention of permanently depriving the other of it’?
(1)A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(2)Without prejudice to the generality of subsection (1) above, where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for purposes of his own and without the other’s authority) amounts to treating the property as his own to dispose of regardless of the other’s rights.
What are the sentencing powers for the offence of theft from employer?
A person found guilty of theft from employer on conviction on indictment would be liable to a maximum custodial sentence of 7 years.