Theft As Defined In S1 Theft Act 1968: S4 – Property (Copy)
Theft As Defined In s1 Theft Act 1968: s4 – Property
(England And Wales — Case Law & Statutes Only — Tabular, Quick-Revision, Examiner-Focused)
Statutory Definition Of Property
| Statute | Provision | Legal Effect |
|---|---|---|
| Theft Act 1968 s4(1) | Property includes money and all other property, real or personal, including things in action and other intangible property | Broad statutory definition |
- Definition is wide and inclusive
- Covers tangible and intangible property
- Applies unless expressly excluded by s4
Categories Of Property Under s4(1)
| Category | Meaning | Example |
|---|---|---|
| Money | Coins and banknotes | Cash |
| Personal property | Moveable items | Phone, car |
| Real property | Land and buildings | House |
| Things in action | Enforceable legal rights | Debt, bank balance |
| Intangible property | Property without physical form | Patents, copyrights |
Money As Property
| Rule | Authority | Examiner Focus |
|---|---|---|
| Money is property | s4(1) | Always capable of being stolen |
| Must belong to another | s5 | Ownership essential |
| Case | Principle |
|---|---|
| R v Kohn (1979) | Company funds = property |
Personal Property (Moveable Items)
| Case | Item | Principle |
|---|---|---|
| R v Lloyd (1985) | Film reels | Property capable of theft |
| Oxford v Moss (1979) | Exam paper | Information not property |
- Physical objects generally qualify
- Information itself is not property
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Real Property (Land And Buildings)
General Rule
| Rule | Statute |
|---|---|
| Land cannot usually be stolen | s4(2) |
Exceptions Under s4(2)
| Exception | Provision | Explanation |
|---|---|---|
| Trustee or personal representative | s4(2)(a) | Acting dishonestly |
| Severance | s4(2)(b) | Removing fixtures |
| Tenant | s4(2)(c) | Removing parts of land |
Case Law On Land
| Case | Facts | Principle |
|---|---|---|
| R v Meredith (1973) | Tenant removed fixtures | Theft possible |
| R v Turner (No 2) (1971) | Car from garage | Land irrelevant; car was property |
Things Severed From Land
| Rule | Statute | Effect |
|---|---|---|
| Severed items become property | s4(2)(b) | Capable of theft |
| Severance by D sufficient | s4(2)(b) | Theft possible |
| Case | Principle |
|---|---|
| R v Smith (1974) | Cutting fixtures |
Things In Action (Intangible Legal Rights)
| Definition | Authority |
|---|---|
| Right enforceable by legal action | s4(1) |
| Case | Right | Principle |
|---|---|---|
| R v Kohn (1979) | Credit in account | Thing in action |
| R v Preddy (1996) | Bank transfer | Not appropriation of chose in action |
- Includes:
- Debts
- Bank balances
- Preddy caused loophole → fixed by statute
Statutory Correction After Preddy
| Statute | Effect |
|---|---|
| Theft (Amendment) Act 1996 | Extended theft to electronic transfers |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Intangible Property
| Type | Theft Possible? | Authority |
|---|---|---|
| Confidential information | No | Oxford v Moss (1979) |
| Electricity | No (not property) | s4(3) |
| Patents / copyrights | Yes | s4(1) |
Electricity (Express Exclusion)
| Rule | Statute | Effect |
|---|---|---|
| Electricity not property | s4(3) | Cannot be stolen |
| Case | Principle |
|---|---|
| Low v Blease (1975) | Electricity excluded |
- Electricity dealt with under s13 Theft Act 1968
Wild Creatures
General Rule
| Rule | Statute |
|---|---|
| Wild creatures not property | s4(4) |
Exceptions
| Exception | Explanation |
|---|---|
| Tamed animals | Capable of theft |
| Animals reduced into possession | Theft possible |
| Ordinary livestock | Always property |
| Case | Principle |
|---|---|
| R v Rostron and Collinson (2003) | Fish taken from water |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Summary Table: What Counts As Property?
| Item | Property? | Authority |
|---|---|---|
| Cash | Yes | s4(1) |
| Car | Yes | Turner |
| Land | Generally no | s4(2) |
| Severed fixtures | Yes | s4(2)(b) |
| Bank balance | Yes | Kohn |
| Information | No | Oxford v Moss |
| Electricity | No | s4(3) |
| Wild animals | Usually no | s4(4) |
| Tamed animals | Yes | s4(4) |
Examiner Hotspots
| Issue | Key Authority |
|---|---|
| Definition | s4(1) |
| Land exceptions | s4(2) |
| Things in action | Kohn |
| Information | Oxford v Moss |
| Electricity | s4(3) |
| Wild animals | s4(4) |
Common Examiner Errors
| Error | Correction |
|---|---|
| Saying all land can be stolen | Only exceptions apply |
| Treating information as property | Excluded |
| Including electricity | Expressly excluded |
| Forgetting severance rule | s4(2)(b) |
| Missing Preddy fix | Theft (Amendment) Act 1996 |
High-Yield Examiner Lines
- “Property under s4 Theft Act 1968 is defined broadly”
- “Land cannot usually be stolen, subject to statutory exceptions”
- “Things in action are property capable of theft”
- “Electricity is expressly excluded from the definition of property”
- “Confidential information is not property for the purposes of theft”
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course