Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Theft definition

What does Theft mean? In practice, theft describes the criminal taking or assumption of another’s property with the purpose of keeping it. In England and Wales (Theft Act 1968, s 1) and Northern Ireland (Theft Act (Northern Ireland) 1969, s 1), the offence is committed where a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Subsequent provisions define key elements, including “appropriation” (assumption of any owner’s rights, which can occur even with consent), “property” (money, personal property and things in action, with limited exceptions), and intention to permanently deprive (including treating property...

Criminal offences, enforcement and sentencing for copyright infringement, Video Recordings Act offences and trade mark offences in England and Wales

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Practice notes

Copyright Theft

Unauthorised use of copyright is a criminal matter under the Copyright, Designs and Patents Act 1988 (CDPA 1988), the Trade Marks Act 1994 (TMA 1994) and the Video Recordings Act 1984 (VRA 1984). It may alternatively be brought under the Fraud Act 2006 (FrA 2006), or pursued as a Conspiracy contrary to the Criminal Law Act 1977 (CLA 1977), or at common law as Conspiracy to defraud. See Practice Notes: Conspiracy and Conspiracy to defraud.

Cases can be taken by the Crown Prosecution Service or by trading standards. Enquiries may call on HM Revenue and Customs, the UK Border Agency and the National Crime Agency.

Most CDPA 1988 offences—namely those in CDPA 1988, s 107(1)(a)–(b), (d)(iv) and (e)—are either-way, meaning trial may occur in the magistrates’ court or the Crown Court. They are treated as the graver offences because they concern making, importing for hire or sale, or distributing articles through a business or otherwise, in a manner that prejudicially affects the copyright owner. The offence of infringement by communicating a work to the public, whether in the course of a business or otherwise, under CDPA 1988, s 107(2A), is likewise triable either in the...

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Web page updated on 21/05/2026

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