Theft Definition

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What does Theft mean?

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it: Theft Act 1968, s 1.Subsequent provisions of the TA 1968 define, or partly define, each of the requirements of the offence.

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Offences for which a DPA may be entered into—checklist

Offences for which a DPA may be entered into—checklist A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below,...

Cloud contracts (SaaS, PaaS and IaaS)—checklist

Cloud contracts (SaaS, PaaS and IaaS)—checklist This Checklist outlines the key points to be considered by customers contracting for cloud computing services such as software as a service, platform as a service and infrastructure as a service. Since the specific risks that should be addressed in a contract with a cloud supplier will depend on the specific circumstances of each customer and the service being bought, this Checklist considers the generic issues that should be raised with the supplier prior to signing a contract. The third column can be used to record observations or comments as the Checklist is worked through. For more information on cloud computing, see Practice Notes: • Cloud computing—introduction • Cloud computing—key legal issues • Negotiating with hyperscalers and major cloud service providers Checklist Further information Notes (if any) Initial due diligence ☐ What is the operational history and reliability of the supplier? The customer should consider how long the supplier has been operating and request data on historic service level performance. ☐ Are...

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EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

Data protection impact assessments—flowchart

Data protection impact assessments—flowchart This flowchart illustrates how to establish whether or not you need to conduct a data protection impact assessment (DPIA) in relation to a particular project, and how to conduct one if it is required. See also Precedents: Data protection impact assessment—DPIA and Data protection impact assessment—DPIA—short form, which is based on a template issued by the Information Commissioner’s Office (ICO). The ICO’s Data Protection Impact Assessments guidance sets out seven steps to conducting a DPIA, whereas the ICO’s Data protection impact assessments guidance sets out a nine-stage process, as shown above. The two processes are broadly the same but the latter is more intuitive and is adopted in this flowchart. Note 1: Identify the need for a DPIA If you have a data protection officer (DPO), ask them for advice. For further information, see Practice Note: How to complete a data protection impact assessment—DPIA—Who should conduct the DPIA? A DPIA is compulsory in the case of: • a systematic and extensive evaluation of personal aspects...

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Theft

The offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. However, low level shoplifting within the meaning of section 22A of the Magistrates’ Courts Act 1980 (MCA 1980) (where the value of the stolen goods does not exceed £200) is triable only summarily. Where a number of low level shoplifting offences are charged at the same time and the aggregated value of the offences exceeds £200, the offence is not deemed to be low-level within the meaning of MCA 1980, s 22A and can therefore be tried either way.In Candlish the Administrative Court held that 'low value' shop theft allegations should not be treated as summary stand-alone offences, notwithstanding their aggregate value, up to the point of plea and allocation. Citing Harvey, the Administrative Court confirmed in Candlish that the phrase, ‘charged on the same occasion,’ in MCA 1980, s 22A(4)(b), refers to the stage at which the offender first appears before the justices to...

Robbery

RobberyRobbery is a theft offence under section 8 of the Theft Act 1968 (TA 1968), involving dishonesty but elevated also by the use of, or threat of, force.Robbery can only be tried in the Crown Court on indictment.Elements of the offence of robberyA person is guilty of robbery if:•they steal something, and•immediately before or at the time of doing so, and in order to do so, they:◦use force on any person, or◦put any person in fear of being subjected to force then and thereForce, or the threat of force, must be used 'immediately before or at the time' of the theft. There is no guidance as to what 'immediately before' means. If the force used or threatened is after the offence of theft has taken place there will be no robbery, however theft can be a continuing offence. See: R v Hale (1978) 68 Cr App Rep 415, [1979] Crim LR 596 (not reported by ��Ӱ��®).The use or threat of force must be 'in order' to carry out the theft. Force...

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Lone worker safety tips

Lone worker safety tips General • Be aware of your surroundings. Wearing headphones can reduce your awareness. When wearing headphones don’t turn them up so loud that you cannot hear outside noise. • Save an ICE (in case of emergency) number in your phone. This can help emergency personnel locate a friend or family member who can speak on your behalf if you become unconscious or incapacitated. Just enter the acronym ICE into the mobile's phone book and then log the name and number of someone who should be contacted in an emergency. If you have more than one contact name you can use ICE1, ICE2, ICE3, etc. Example, ICE1 Mum 01234 567890. • Before leaving your house or the office, always think ‘keys, money, phone, plans to get home.’ It will help you think about your safety and plan your journey properly to minimise the risk of getting lost. • If you are [customer OR client]-facing and working alone, don’t wait for aggression to come to you before considering...

Connection agreement for private wires

Connection agreement for private wires Date of Agreement _____________________________________20[XX] Parties 1 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Company); and 2 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Customer). Background (A) The Customer is the owner and operator of the Customer’s Installation. (B) The Company is the owner and operator of the Distribution System. (C) The Customer wishes to export electricity generated by the Customer’s Installation to the Company’s Distribution System. (D) [The Parties wish to enter into a contract on or about the date of this Agreement, under which the electricity generated by the Customer’s Installation shall be supplied to the Company by the Customer (‘Power Supply Agreement’). (E) In consideration of the Parties entering into the Power Supply Agreement, the Company shall allow the electricity generated by the Customer’s Installation to be exported to the Distribution System in...

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What is motor vehicle or road traffic accident insurance?

What is motor vehicle or road traffic accident insurance? In the UK, motor insurance is a mandatory insurance policy for any vehicle owner or driver unless the vehicle is declared as off the road. There are heavy penalties, both civil and criminal, for uninsured drivers (who are caught). The mandatory insurance regime is intended to protect the general public (including pedestrians and other non-vehicle users) against personal injury and damage caused in a road traffic accident. Types of motor insurance policies The motor insurance market is split into three main types of insurance: third-party only; third-party fire and theft; and comprehensive policies: • third-party only policies provide the minimum level of cover required by the law, namely the Road Traffic Act 1988 (RTA 1988). RTA 1988 mandates that motor insurance must at the very least cover the risk of death, personal injury or property damage to third parties caused by the insured vehicle • third-party fire and theft provides third-party cover as described above but in addition...

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with?

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with? Execution of a deed To execute a deed in counterpart, the parties must sign identical copies of the document and exchange them with each other. Combined, these counterparts are treated as a single document which takes effect as a deed. In this scenario, one party has made an error in executing its counterpart and as a result the deed is invalid. How this situation can be dealt with depends on the context of the scenario and the relationship between the parties. If the parties are in agreement that the second document is the final agreed version and a mistake has been made, it may be possible to rectify the situation by re-executing the deed. Re-execution The most straightforward solution is for the parties...

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Corporate Crime weekly highlights—23 January 2025

This week's edition of Corporate Crime weekly highlights includes analysis of compliance trends in the landscape of corporate ethics to be expected in 2025, of the OTSI‘s guidance published on ‘no-Russia' clauses and countering Russian sanctions evasion and of the SFO securing its first UWO linked to a £100m fraud case. Also included is news of the MoJ’s newly launched consultation on the role of computer evidence in the criminal justice system, of Defra’s recently published guidance to assist businesses in preparing for the ban on the sale and supply of single-use vapes and of the EA Chief Regulator’s call for reforms to the UK's environmental regulation framework following the release of their 2023/24 report on environmental enforcement statistics. All this, and more, in this week’s Corporate Crime highlights.

Restructuring & Insolvency weekly highlights—23 January 2025

This week's edition of Restructuring & Insolvency weekly highlights includes: an examination on the nature of the relationship between creditors and subject company in a company voluntary arrangement (Paramount Licensing Inc v Batty), an analysis on whether a company exiting administration should enter liquidation or be dissolved (Mittal v Berthier), the Insolvency Service’s newly released insolvency statistics for December 2024, plus a round-up of other news and cases for restructuring and insolvency professionals.

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