Robbery meaning

This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland. High Court The most serious corporate cases are prosecuted in the High Court of Justiciary (High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds exclusive jurisdiction to try the gravest crimes, such as treason, murder and rape. In practice, the High Court deals with other serious crimes including very serious...

This is a theft offence under section 8 of the Theft Act 1968 (TA 1968), rooted in dishonesty and further aggravated by the use of, or threats of, force. It is triable solely on indictment in the Crown Court. Elements of the offence of robbery An individual is guilty of robbery if: they steal something; and immediately before or at the time of doing so, and in order to do so, they: use force on any person; or put any person in fear of being subjected to force then and there Force, or the threat of force, must occur ‘immediately before or at the time’ of the theft. There is no clear guidance on what ‘immediately before’ entails. If the force used or threatened is after the theft has taken place, robbery is not made out, although theft can be a continuing offence. See: R v Hale (1978) 68 Cr...