2.2.1 Theft – s.4 Property

Statutory Definition (s.4 Theft Act 1968)

• s.4(1): “Property includes money and all other property, real or personal, including things in action and other intangible property.”
• This broad definition ensures theft covers both tangible and intangible forms of property.

Categories of Property

1. Money

• Includes coins and banknotes.
• Covers all currency valid in the UK.
• Foreign currency also included.
• Key point: If notes/coins are withdrawn from circulation and no longer legal tender, they cease to be “money” but may still count as property of another.

2. Real Property (Land and Interests in Land)

• General rule: Land cannot usually be stolen.
• Exceptions (s.4(2)):
  • A trustee or personal representative may be guilty of theft if they deal with land in breach of confidence.
  • Appropriation of anything forming part of land (e.g., fixtures, tiles, bricks) if taken without consent.
  • Tenants may commit theft if they take fixtures attached to land they occupy.
• Wild land & fixtures: Digging up soil, cutting trees, removing stones may count as theft if dishonest.

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3. Personal Property

• Tangible, moveable items belonging to another.
• Includes physical goods, chattels, possessions.
• Covers virtually all personal belongings: clothing, jewellery, vehicles, electronics, etc.
• Case: Oxford v Moss (1979) 68 Cr App R 183
  • University student took an exam paper to read questions and then returned it.
  • Held: Information itself is not property; the paper is, but confidential information is not property under Theft Act.
  • Clarifies distinction between tangible medium (property) and pure information (not property).

4. Things in Action

• A right which can be enforced by action in law.
• Examples:
  • Bank account balance
  • Cheques
  • Debts
  • Copyright, patents (as enforceable rights)
• Theft possible when D dishonestly appropriates rights in these.
• Case: Kohn (1979) – stealing cheques amounts to stealing a “thing in action.”

5. Other Intangible Property

• s.4(1) includes intangible property, though not defined exhaustively.
• Case: R v Kelly and Lindsay [1999] QB 621
  • Body parts kept for medical/scientific purposes were property as they had acquired different attributes through skill/preservation.
• Case: R v Akbar (2002) – exam papers = property, but confidential information on them is not.
• Case: R v Low v Blease (1975) – electricity not property under s.4, but dealt with separately under s.13 Theft Act (abstracting electricity).

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Exceptions and Boundaries

• Confidential Information: Not property (Oxford v Moss).
• Electricity: Not property under s.4, but separate offence (s.13).
• Body Parts: Only property if altered for medical/scientific purposes (Kelly).
• Wild Plants (s.4(3)):
  • Not property if picked for personal use (e.g., flowers, mushrooms, fruit).
  • Theft only if taken for commercial sale or reward.
• Wild Animals (s.4(4)):
  • Not property unless tamed or kept in captivity.
  • Poaching wild animals = not theft unless they have been reduced into possession by someone.

Evaluation

• Breadth of definition: Very wide, covering almost all property.
• Gaps: Information and pure knowledge excluded (Oxford v Moss), leading to debate in digital age.
• Inconsistency: Body parts considered property only in limited circumstances (Kelly).
• Effectiveness: Law balances personal freedoms (picking wild plants/animals for own use) with protection of ownership.
• Fairness: Protects owners’ rights widely but may be uncertain in modern digital contexts (data, intellectual property).

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Reform Proposals

• Law Commission: Suggested clarifying property definition to include intangible forms such as digital assets.
• Calls for reform due to rise of cryptocurrencies, digital files, and confidential information.
• At present, such cases often prosecuted under fraud or computer misuse legislation rather than theft.

Exam Application Strategy

1. Start with statutory definition (s.4).
2. Identify which category property falls into (money, land, personal property, thing in action, intangible).
3. Apply exceptions:
   • Wild plants/animals.
   • Electricity excluded.
   • Information excluded.
4. Use cases: Oxford v Moss, Kelly and Lindsay, Low v Blease, Kohn.
5. Conclude whether property counts under Theft Act.

Conclusion

• Property (s.4) under Theft Act 1968 defined widely to include money, real and personal property, things in action, and intangible property.
• Courts have clarified limits (information, wild items, electricity).
• Modern challenges like digital assets highlight gaps in law.
• Dishonesty and intention remain separate issues; s.4 simply asks whether the subject matter is legally “property.”

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course