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LondonSPC

Attempted theft

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E.g. people attempting to loosen bikes from a railing, but without actually cutting into a lock.

I'm sure there are many other examples of 'attempted theft' - but is it actually an offence/can you arrest or charge for it?

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The Criminal Attempts Act applies to indictable or either way offences (although as an either way offence, you can only be sentenced to the maximum summary period, not the maximum if indicted [i think]).

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Yes its an offence... but i'll be honest, your'e better off letting them take the thing they are trying to nick and then arrest them.

I had a guy for attempt bike theft , his girlfriend was the lookout .

I interviewed her and she said he was there to steal bikes.... he went no comment ... got to court and he got off despite two police officers statements.. cctv .. he admitted putting his own lock key in others bike locks ... ... could not use her interview due to her not wanting to make a statement ... even though she had told us exactly why he was there.

Shows the ridiculous flaws in the legal system which basically protects the criminals at times..

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Thanks to both for the answers - I was wasting my time looking at the Theft Act when in fact the Criminal Attempts Act covers all offences. Agreed that it is hard to pin something on someone for this offence as it's based on intention, but I was thinking of instances where it wouldn't be practical/possible to let the offence be completed.

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The problem is that proving intent and other 'state of mind' aspects is often extremely difficult...

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If they are looking to cut a lock, might be worthwhile trying for going equipped if he has anything decent on him

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Similar sort of thing, lets say someone has secreted an item from a shop within their clothing and the store detective caught them before they left the premises, so has not left the store with it. Attempted theft or not?

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Similar sort of thing, lets say someone has secreted an item from a shop within their clothing and the store detective caught them before they left the premises, so has not left the store with it. Attempted theft or not?

On the face of it, that's an outright theft. There's no question of an attempt or not.

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If they are looking to cut a lock, might be worthwhile trying for going equipped if he has anything decent on him

Would the fact that he was using his own key back up a going equipped?

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Would the fact that he was using his own key back up a going equipped?

Chances are it wouldn't be theft then though

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Chances are it wouldn't be theft then though

Turns out it wasn't anyway...

:eek:

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Unless they were trying to Twoc the cycle then there can be no attempt! :)

Umm...You can't TWOC a bicycle and you can't attempt TWOC, but apart from that I guess what you say is okay! :eek:

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Indeed, it would be theft of a pedal cycle and if they haven't cut the lock off yet, then go with going equipped, much easier to prove

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Umm...You can't TWOC a bicycle

what about s.12(5) of the theft act 1968?

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