abstracting electricity

This offence is created by section 13 of the Theft Act 1968:{{Cite legislation UK|act=Theft Act 1968|chapter=60|year=1968|type=act|section=13}}

{{Blockquote|A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.}}

This section replaces section 10 of the Larceny Act 1916.

The following cases are relevant:{{cite book |title=Blackstone's Criminal Practice 2025 |date=2024 |publisher=Oxford University Press |isbn=9780198924333 |editor1=Ormerod |editor-first=David |edition=35 |at=B4.144 |editor2=Perry |editor-first2=David}}

• Low v Blease[1975] Crim L Rev 513 — The Queen's Bench Divisional Court held that making telephone calls without payment did not constitute theft under the Theft Act 1968, because the electricity could not be described as "property" within the meaning of section 4 of that Act. Use of the electricity in this case did not amount to "appropriation".Irish Law Reform Commission, [https://www.bailii.org/ie/other/IELRC/1992/2.html Report on the Law Relating to Dishonesty, LRC 43-1992], 1992, IELRC 2, footnote 6, published in September 1992, accessed on 4 February 2025
• R v Hoar and Hoar[1982] Crim LR 606
• Collins and Fox v Chief Constable of Merseyside[1988] Crim LR 247, DC
• R v McCreadie and Tume96 Cr App R 143, CA
• Boggeln v Williams[1978] 2 All ER 1061

The applicable mens rea is dishonesty, as interpreted objectively following Ivey v Genting Casinos.{{cite book |title=Blackstone's Criminal Practice 2025 |date=2024 |publisher=Oxford University Press |isbn=9780198924333 |editor1=Ormerod |editor-first=David |edition=35 |at=B4.145 |editor2=Perry |editor-first2=David}}

This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.The Visiting Forces Act 1952, section 3(6) and Schedule, {{cite web| url = http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/67/schedule/paragraph/3| title = paragraph 3(g)}} (as inserted by the Theft Act 1968, Schedule 2, Part III)

This offence is triable either way.The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28 A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years,The Theft Act 1968, section 13 or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.The Magistrates' Courts Act 1980, section 32(1)

Section 10 of the Larceny Act 1916 provided:

{{Blockquote|Every person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.}}

In one reported case in London in 2015, a man was arrested for abstracting electricity (to the value of £0.00052) by charging his mobile telephone on a London Overground train, but he was ultimately not charged.{{cite news |url=http://www.bbc.co.uk/newsbeat/article/33510792/a-man-was-arrested-for-charging-his-phone-on-a-train-why |title=A man was arrested for charging his phone on a train. Why? |date=13 July 2015 |work=BBC News |archive-url=https://web.archive.org/web/20210309000118/https://www.bbc.co.uk/news/newsbeat-33510792|archive-date=9 March 2021|url-status=live}}{{cite news|last1=Parkinson |first1=Hannah Jane |title=Man arrested after charging iPhone on London Overground train |url=https://www.theguardian.com/technology/2015/jul/13/man-arrested-charging-iphone-london-overground-train |work=The Guardian |access-date=10 February 2025 |archive-url=https://web.archive.org/web/20150801053459/https://www.theguardian.com/technology/2015/jul/13/man-arrested-charging-iphone-london-overground-train |archive-date=1 August 2015 |date=13 July 2015 |url-status=live}} In 2018, London Overground introduced mobile charging sockets on its trains for public use.{{cite web |title=TfL reveals ultramodern London Overground trains |work=Rail Technology Magazine |access-date=10 February 2025 |url=https://www.railtechnologymagazine.com/News-archive/tfl-reveals-ultramodern-london-overground-trains}}

Section 125 of the Communications Act 2003 contains a similar offence for "dishonestly obtaining electronic communications services" which applies to services such as telephony and internet access, while section 297 of the Copyright, Designs and Patents Act 1988 creates a summary offence of avoiding payment for a broadcast or cable television services.

This offence is created by [http://www.legislation.gov.uk/apni/1969/16/section/13 section 13] of the Theft Act (Northern Ireland) 1969, which is identical to section 13 of the Theft Act 1968. It replaces section 10 of the Larceny Act 1916.

Visiting forces

This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.The Visiting Forces Act 1952, section 3(6) and Schedule, {{cite web| url = http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/67/schedule/paragraph/3| title = paragraph 3(g)}} (as inserted by the Theft Act (Northern Ireland) 1969, Schedule 3, Part III)

This offence is an indictable offence which may be tried summarily upon consent of the accused.The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), {{cite web| url = http://www.legislation.gov.uk/nisi/1981/1675/article/45| title = article 45}} and paragraph 20 of {{cite web| url = http://www.legislation.gov.uk/nisi/1981/1675/schedule/2| title = Schedule 2}} (as substituted by {{cite web| url = http://www.legislation.gov.uk/nisi/1986/1883/article/3article| title = 3(2)}} of, and Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1986 (S.I. 1986/1883 (N.I. 15) See hybrid offence.

A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years,The Theft Act (Northern Ireland) 1969, section 13 or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)), {{cite web| url = http://www.legislation.gov.uk/nisi/1981/1675/article/46| title = article 46(4)}}

This offence is created by [http://www.irishstatutebook.ie/1995/en/act/pub/0035/sec0015.html#sec15 section 15(2)(a)] of the Energy (Miscellaneous Provisions) Act, 1995. That section replaces section 10 of the Larceny Act 1916, which was repealed by [http://www.irishstatutebook.ie/1995/en/act/pub/0035/sec0028.html section 28] of, and the Schedule to, that Act.

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