Abstracting electricity is a

statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...

and the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...

. The law applies, for instance, in cases of bypassing an electricity meter, reconnecting a disconnected meter, or unlawfully obtaining a free telephone call. In ''Low v Blease'' 975Crim LR 513 it was held that electricity could not be ''stolen'' as it is not property within the meaning of section 4 of the

Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...

. In one reported case in 2015 a man was arrested for abstracting electricity (to the value of £0.00052) by charging his mobile telephone on a train, but was ultimately not charged. Before the

Computer Misuse Act 1990 The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in ''R v Gold & Schifreen'' (1988) 1 AC 1063 (see below). Critics of the bill complained that it was introduced hastily ...

those who misused computers ("

hacker A hacker is a person skilled in information technology who uses their technical knowledge to achieve a goal or overcome an obstacle, within a computerized system by non-standard means. Though the term ''hacker'' has become associated in popu ...

s") were charged with abstracting electricity, as no other law applied.

England and Wales

This offence is created by section 13 of the

: This section replaces section 10 of the

Larceny Act 1916 The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the Ac ...

. The following cases are relevant: *R v Hoar and Hoar

982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...

Crim LR 606 *Collins and Fox v Chief Constable of Merseyside

988 Year 988 ( CMLXXXVIII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Fall – Emperor Basil II, supported by a contingent of 6,000 Varangia ...

Crim LR 247, DC *R v McCreadie and Tume, 96 Cr App R 143, CA

Visiting forces

This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.

Mode of trial and sentence

This offence is triable

either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

. A person guilty of this offence is liable, on conviction on

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that ...

, to imprisonment for a term not exceeding five years, or on

summary conviction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offen ...

to imprisonment for a term not exceeding six months, or to a fine not exceeding the

prescribed sum The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scot ...

, or to both.

History

Section 10 of the Larceny Act 1916 provided:

Northern Ireland

This offence is created b
section 13
of the

Theft Act (Northern Ireland) 1969 The Theft Act (Northern Ireland) 1969 (c 16) is an Act of the Parliament of Northern Ireland. It makes criminal law provisions for Northern Ireland similar to those made in England and Wales by the Theft Act 1968. Section 1 - Theft This section ...

, 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.

Mode of trial

This offence is an

indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...

which may be tried summarily upon consent of the accused. See

hybrid offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

Sentence

A person guilty of this offence is liable, on conviction on

, to imprisonment for a term not exceeding five years, or on

to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the

, or to both.The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)),

Republic of Ireland

This offence is created b
section 15(2)(a)
of the Energy (Miscellaneous Provisions) Act, 1995. That section replaces section 10 of the Larceny Act 1916, which was repealed b
section 28
of, and the Schedule to, that Act.

References

{{English criminal law navbox Criminal law