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Abstracting electricity

s.13Theft Act 1968

Dishonestly using electricity without due authority, or dishonestly causing it to be wasted or diverted.

Abstracting electricity · Theft Act 1968, s.13Card 27 / 85

Points to prove

Dishonestly – not defined for s.13. The test is Ivey v Genting (2017), confirmed for criminal cases in R v Barton and Booth (2020): what was the defendant’s actual state of knowledge or belief, and was their conduct dishonest by the standards of ordinary decent people?
Without due authority – without permission from the supplier or the person entitled to authorise the use.
Wasted or diverted – the offence also covers causing electricity to be wasted or diverted, not only using it.

Electricity cannot be stolen. It is not “property” under s.4 of the Theft Act (Low v Blease 1975). That is why s.13 exists.
No intention to permanently deprive is needed, because nothing is appropriated.
The s.2 Theft Act rules on dishonesty apply to appropriation for theft, so they do not apply directly here.
Common examples include bypassing or tampering with a meter, and connecting to a supply without permission.

Legislation: Theft Act 1968, s.13 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)