Theft and property offences - Robbery (s.8 Theft Act 1968)

Learning Outcomes

After studying this article, you will be able to identify and explain the legal definition and elements of robbery under section 8 of the Theft Act 1968. You will be able to distinguish robbery from theft and related offences, apply the requirements for force or threat of force, and analyse the timing and intent required for robbery. You will also be able to answer SQE1-style questions on this topic.

SQE1 Syllabus

For SQE1, you are required to understand robbery as a property offence. You must be able to identify the elements of robbery, distinguish it from theft and burglary, and apply the relevant legal rules to practical scenarios. In your revision, focus on:

• the statutory definition and elements of robbery under s.8 Theft Act 1968
• the requirement for a completed theft as part of robbery
• the meaning and threshold of "force" or "threat of force" in law
• the timing of force in relation to the theft
• the intent required for robbery and how it differs from related offences
• how to distinguish robbery from theft and burglary in practical situations

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are the essential elements that must be proved for a conviction of robbery under s.8 Theft Act 1968?
2. Does the victim need to actually feel fear for a threat to amount to robbery?
3. At what point must force or the threat of force occur for an offence to be robbery rather than theft?
4. How does robbery differ from burglary in terms of the required conduct and intent?

Introduction

Robbery is a serious property offence that combines theft with force or the threat of force. It is defined by section 8 of the Theft Act 1968 and is always tried in the Crown Court. Robbery is distinct from theft and burglary, requiring specific elements to be proved. For SQE1, you must be able to identify and apply these elements, and distinguish robbery from related offences.

Definition and Elements of Robbery

Section 8 of the Theft Act 1968 states that a person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put or seek to put any person in fear of being then and there subjected to force.

Key Term: robbery Robbery is theft accompanied by the use or threat of force, used immediately before or at the time of the theft and in order to steal.

The offence consists of both actus reus (physical elements) and mens rea (mental elements). Each must be satisfied for a conviction.

The Actus Reus of Robbery

There are two main requirements:

1. A completed theft: All elements of theft must be present—dishonest appropriation of property belonging to another with the intention to permanently deprive.
2. Use or threat of force: The defendant must use force on any person, or put or seek to put any person in fear of being then and there subjected to force. The force or threat must occur immediately before or at the time of the theft, and must be used in order to steal.

Key Term: force (in robbery) Any physical power, however slight, applied to a person or their property, or conduct intended to cause fear of such force.

The Mens Rea of Robbery

The defendant must:

• have the mens rea for theft (dishonesty and intention to permanently deprive)
• intend to use force or the threat of force in order to steal

Key Term: intent to use force in order to steal The defendant must intend that the force or threat is used to facilitate the theft, not for another purpose.

The Requirement for a Completed Theft

Robbery cannot occur unless all elements of theft are satisfied. If the theft fails (for example, if the property does not belong to another or there is no intention to permanently deprive), there can be no robbery.

Worked Example 1.1

Scenario:
Sam snatches a handbag from a woman's shoulder, using enough force to pull it away. The woman lets go and Sam runs off with the bag.

Answer:
Sam is guilty of robbery. There is a completed theft (dishonest appropriation of property belonging to another with intent to permanently deprive) and force was used on the woman immediately before the theft in order to steal.

The Meaning of "Force" or "Threat of Force"

The threshold for force in robbery is low. Even minimal physical contact can be sufficient. The force does not need to be substantial.

• Force can be applied directly to a person or indirectly (e.g., wrenching a bag from someone's hand).
• The threat of force is also sufficient, even if the victim is not actually frightened, as long as the defendant seeks to put them in fear.

Key Term: threat of force Conduct or words intended to make a person apprehend immediate force, regardless of whether the victim is actually afraid.

Key Term: immediately before or at the time of theft The force or threat must occur just before or during the theft, not after the theft is complete.

Worked Example 1.2

Scenario:
A shoplifter pushes a security guard out of the way while escaping with stolen goods.

Answer:
If the force is used to facilitate the theft and the appropriation is still ongoing (e.g., the thief is still in the process of removing the goods), this can amount to robbery. If the theft is already complete and the force is used only to escape, it is not robbery.

Timing: When Must Force Occur?

The force or threat must be used immediately before or at the time of the theft, and in order to steal. Appropriation can be a continuing act, so force used during the ongoing theft may be sufficient.

Exam Warning

For SQE1, pay close attention to the timing of force. If force is used only after the theft is complete and not as part of the theft, it is not robbery. The courts may treat appropriation as continuing if the force is part of the same transaction.

The Victim of Force or Threat

The force or threat can be directed at any person, not just the owner of the property. For example, threatening a bystander to prevent them from intervening can satisfy this element.

Worked Example 1.3

Scenario:
Lee threatens a passerby with violence if they interfere while Lee steals a bicycle from another person.

Answer:
Lee is guilty of robbery. The threat of force is directed at a person (the passerby) and is used in order to steal, satisfying the requirements of s.8.

The Intent to Use Force "In Order to Steal"

The force or threat must be used to facilitate the theft. If force is used for another reason (e.g., personal revenge), and the theft is incidental, this is not robbery.

Revision Tip

When analysing robbery, always check that the force or threat is used to enable the theft, not for a separate purpose.

Distinguishing Robbery from Theft and Burglary

• Robbery vs. Theft: Robbery requires force or threat of force; theft does not.
• Robbery vs. Burglary: Burglary involves entering a building as a trespasser with intent to commit theft, GBH, or criminal damage. Robbery focuses on theft with force or threat against a person.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Robbery under s.8 Theft Act 1968 requires a completed theft and force or threat of force.
• Force can be minimal and may be direct or indirect; threat of force is sufficient if intended to cause fear.
• The force or threat must occur immediately before or at the time of theft, and in order to steal.
• The force or threat can be directed at any person, not just the owner.
• Robbery is distinct from theft (no force) and burglary (entry as trespasser with intent to commit certain offences).

Key Terms and Concepts

• robbery
• force (in robbery)
• intent to use force in order to steal
• threat of force
• immediately before or at the time of theft