Appropriates Definition

GLOSSARY

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What does Appropriates mean?

Under the theft Act 1968, s 3 any assumption by a person of the rights of an owner amounts to an appropriation for the purpose of the offence of theft.

This includes cases where a person came by the property without stealing it and subsequently assumed a right to it by keeping or dealing with it as owner. Where, however, property is transferred for value to a person acting in good faith, no later assumption by him of rights which he believed he was acquiring can, by reason of any defect in the transferor's title, amount to theft of the property.

View the related practice notes about Appropriates

Theft

The offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. However, low level shoplifting within the meaning of section 22A of the Magistrates’ Courts Act 1980 (MCA 1980) (where the value of the stolen goods does not exceed £200) is triable only summarily. Where a number of low level shoplifting offences are charged at the same time and the aggregated value of the offences exceeds £200, the offence is not deemed to be low-level within the meaning of MCA 1980, s 22A and can therefore be tried either way.In Candlish the Administrative Court held that 'low value' shop theft allegations should not be treated as summary stand-alone offences, notwithstanding their aggregate value, up to the point of plea and allocation. Citing Harvey, the Administrative Court confirmed in Candlish that the phrase, ‘charged on the same occasion,’ in MCA 1980, s 22A(4)(b), refers to the stage at which the offender first appears before the justices to...

Robbery

RobberyRobbery is a theft offence under section 8 of the Theft Act 1968 (TA 1968), involving dishonesty but elevated also by the use of, or threat of, force.Robbery can only be tried in the Crown Court on indictment.Elements of the offence of robberyA person 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 thereForce, or the threat of force, must be used 'immediately before or at the time' of the theft. There is no guidance as to what 'immediately before' means. If the force used or threatened is after the offence of theft has taken place there will be no robbery, however theft can be a continuing offence. See: R v Hale (1978) 68 Cr App Rep 415, [1979] Crim LR 596 (not reported by ��˾��ҹ��®).The use or threat of force must be 'in order' to carry out the theft. Force...

Discover our 13 Practice Notes on Appropriates

A is the executor of their late mother's Will, which is dated 1974 and contains no administrative provisions. The residue is split equally among six beneficiaries, one of which is A. The only remaining asset within the estate is a parcel of land. A wants to buy out the other beneficiaries to own the land themselves but some of the beneficiaries want to retain their interest in the land. Can A override the wishes of the beneficiaries and transfer the land to themselves, in return for paying to each beneficiary a sum of money equal to their share of the market value of the land? Would the situation be different if A wanted to sell the land on the open market rather than have it transferred to themselves?

A is the executor of their late mother's Will, which is dated 1974 and contains no administrative provisions. The residue is split equally among six beneficiaries, one of which is A. The only remaining asset within the estate is a parcel of land. A wants to buy out the other beneficiaries to own the land themselves but some of the beneficiaries want to retain their interest in the land. Can A override the wishes of the beneficiaries and transfer the land to themselves, in return for paying to each beneficiary a sum of money equal to their share of the market value of the land? Would the situation be different if A wanted to sell the land on the open market rather than have it transferred to themselves? We refer you to Practice Note: Personal representatives and trustees—power of appropriation, which states the following in respect of appropriation: Self-dealing There is no express prohibition in section 41 of the Administration of Estates Act 1925 (AEA 1925)...

Is it appropriate to allow the executors to appropriate one of the deceased's two houses to the joint executor, who receives 50% of the residuary estate, without first obtaining the agreement to this of the other residuary beneficiaries to this? The other three beneficiaries are grandchildren of the deceased who are all of adult age.

Is it appropriate to allow the executors to appropriate one of the deceased's two houses to the joint executor, who receives 50% of the residuary estate, without first obtaining the agreement to this of the other residuary beneficiaries to this? The other three beneficiaries are grandchildren of the deceased who are all of adult age. Duties of executors Executors are under a duty to collect and get in the real and personal estate of the deceased and administer it according to law (section 25 of the Administration of Estates Act 1925 (AEA 1925)). In carrying out these duties, an executor must act with due diligence: see Re Tankard. Executors are also under the duty to exercise reasonable care and skill in accordance with section 1 of the Trustee Act 2000. See: Personal representatives—overview. These duties of the executor are of a fiduciary nature. The executor must act in good faith and cannot put themselves in a position whereby there is a conflict of interest between...

See the 10 Q&As about Appropriates

Public Law weekly highlights—19 August 2021

This week's edition of Public Law weekly highlights includes selected Brexit headlines, including data on the EU Settlement Scheme (EUSS), progress in the UK's international trade priorities, as well as the latest post-Brexit guidance and SIs. This edition also includes feature analyses of the implications of the Whistleblowing Directive for the UK, and the investment protection and dispute settlement aspects under the UK-Australia agreement in principle (AIP). Coronavirus (COVID-19) updates include the Scottish Government's consultation on the legislative powers supporting the response to the pandemic, the WTO's predictions for trade recovery, plus key SIs and operational guidance from the courts. Also in this edition, the recall of Parliament over Afganistan, analyses of the new 'ouster clause' under the Judicial Review and Courts Bill and the NHS Pension Scheme changes, plus additional updates on judicial review, equality and human rights, public procurement, State aid, information law, and projects and infrastructure. Case analysis this week includes details and analysis of the latest judicial review, human rights, public procurement, and state security and...

Public Law weekly highlights—22 July 2021

This week's edition of Public Law weekly highlights includes selected Brexit headlines, including details and analysis on the government's way forward on the Northern Ireland Protocol, the European Commission's adoption of a draft mandate on UK-EU Gibraltar negotiations and recommendation for the EU's accession to the Hague Judgments Convention, updates on the eighth meeting of the Specialised Committee on the Northern Ireland Protocol and first meeting of the Fisheries Committee, progress in the UK's international trade priorities, as well as the latest post-Brexit guidance and SIs. This edition also includes feature analysis on the Subsidy Control Bill, as well as the direction of the UK public procurement regime. Coronavirus (COVID-19) updates include the government's response to the Joint Committee on Human Rights' report on coronavirus fixed penalty notices, a two-monthly report on the active provisions of the Coronavirus Act 2020, plus key SIs and operational guidance from the courts. Also in this edition, the introduction of the Judicial Review and Courts Bill, the latest National Planning Policy Framework, analysis on...

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GLOSSARY