There are several potential defences to a theft charge, and the best option will depend on your specific circumstances. Your theft solicitor will assess your situation, your version of events and their experience in criminal law to help you build the strongest case. If you need to appear in court, your theft lawyer will represent you and present a combination of evidence and mitigating factors to make sure you are not convicted or punished unfairly.
Some of the defences that may be available in your circumstances include:
Lack of dishonesty
One of the essential elements of the Theft Act is that the defendant must have acted dishonestly. You may be able to contest the charge on the basis that the defendant believed:
- they had a legal right to the property, such as thinking it belonged to them or they were authorised to take it.
- the owner would have consented to the appropriation if aware of the circumstances.
- the property’s owner could not be discovered by taking reasonable steps.
Legal precedence shows that dishonesty should be assessed by considering what a reasonable person would think in the defendant’s situation, without requiring a subjective belief about dishonesty from the defendant.
No intention to permanently deprive
To secure a theft conviction, the prosecution must prove the defendant intended to permanently deprive the owner of their property. If the defendant can demonstrate that they intended only to borrow the property and that permanently depriving the owner of it was not their aim, or that they always planned to return it, this can serve as a defence. However, an intention to return something in a substantially changed state (or in such a way that the property’s value is reduced) might not succeed as a defence.
Consent of the owner
If the property owner consented to the defendant taking or using the property, it may not constitute theft. This defence is valid only if the consent was genuinely obtained without deception or duress, and if the consent was clear and unambiguous.
Claim of right
Under this defence, the defendant asserts that they had an honest belief in a legal right to the property. This belief does not need to be correct or reasonable, but it must be genuinely held at the time of the appropriation. For example, if someone believed a particular item belonged to them due to a prior arrangement, they may have a valid defence under a claim of right.
Duress
If the defendant committed the theft under duress, meaning they were forced or threatened with immediate harm to themselves or others, this may constitute a valid defence. For this defence to succeed, the threat must be serious, specific and immediate, leaving the defendant with no reasonable alternative but to commit the theft. The law surrounding the defence of duress is complex and requires expertise legal advice.
Our expert theft and fraud solicitors will examine your circumstances and determine how we can help you.