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The three-strikes law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies, and limits the ability of these offenders to receive a punishment other than a life sentence.
Over 45 percent of inmates serving life sentences under the Three Strikes law are African American. The Three Strikes law is also applied disproportionately against mentally ill and physically disabled defendants.
- Introduction
- Jurisdiction
- General Principles
- Theft
- Robbery
- Burglary
- Aggravated Burglary
- Taking Without Consent
- Aggravated Taking Without Consent
- Abstracting Electricity
This guidance deals with the most common offences under the Theft Act 1968 (TA 1968), the Theft Act 1978 (TA 1978), and the Pet Abduction Act 2024. It does not deal with offences under the Fraud Act 2006 or the Proceeds of Crime Act 2002. Those offences can be found in the Fraud Act 2006 and Proceeds of Crimelegal guidance. The purpose of this lega...
Under the Criminal Justice Act 1993 Part 1 certain offences under the TA 1968 have jurisdiction in England and Wales, despite not every act or omission forming an essential element of the offence having taken place within the jurisdiction, provided that at least one of the acts or omissions did so. Prosecutors should refer to the Jurisdictionlegal ...
Theft: Robbery, Burglary, Handling and Going Equipped
The following offences under the TA 1968 all incorporate the concept of theft/stealing as one of the elements of the offence: 1. robbery (section 8) 2. burglary by stealing or entering with intent to steal (sections 9 and 10) 3. handling stolen goods (section 22) and 4. going equipped to steal or commit burglary with intent to steal (section 25) Prosecutors considering these offences (or any attempt to commit them) will need to ensure that the elements required to prove theft under section 1...
Recent Possession
Where a defendant is found in possession of property which can be proved to have been stolen recently, then in the absence of some credible explanation the Court or the jury may use their common sense to conclude that the defendant is guilty of stealing the property (including thefts in the course of robbery or burglary) or handling it. The courts have repeatedly emphasised that “recent possession” is no more than the application of common sense and is not a legal doctrine.
Elements
Theft is defined by section 1 TA 1968as dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. Sections 2 – 6 TA 1968 provide further interpretation of these elements.
Pet Abduction
The Pet Abduction Act 2024is now in force and, as of 24 August 2024, it is an offence in England and Wales to: 1. take or detain a dog so that it is removed from the lawful control of any person or kept from the lawful control of the person entitled to have such control of it (section 1) 2. take a cat so that it is removed from the lawful control of any person (section 2) if those acts took place in England or Northern Ireland. The elements of the offence and the defences available differ fro...
General deficiency charge
It is acceptable to include in a single charge an aggregate sum of money stolen by a defendant over a period where the evidence does not establish the precise dates for each transaction. The common law exceptions which allowed this have now been subsumed into Crim PR 10.2(2).
Elements
Section 8(1) TA 1968defines robbery as follows: "A person is guilty of robbery if the person steals, and immediately before or at the time of doing so, and in order to do so, they use force on any person or puts or seeks to put any person in fear of being then and there subjected to force." Section 8(2) TA 1968 provides for the offence of "assault with intent to rob".
Assault with Intent to Rob
Where there is an assault with intent to rob there will often be an attempted robbery. Where there is strong evidence of an assault, prosecutors should consider charging assault with intent to rob as it will avoid some of the technical difficulties involved in proving attempt (such as whether the acts relied on are more than merely preparatory). It will also allow for the jury to return an alternative verdict of assault.
Allocation and Penalty
Robbery is indictable only, punishable with life imprisonment or an unlimited fine or both.
Elements
Section 9 TA 1968deals with burglary. Burglary consists of 1. entering a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm or criminal damage; or 2. having entered as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm. The maximum penalty will depend on whether the building (or part) entered is a dwelling house or not. If it is, then this must be pleaded in the charge/indictment because the effect of the increased pen...
Charging Decisions
Where a theft takes place in circumstances which fall within the definition of burglary on the basis of a legal technicality (such as a technical trespass) prosecutors should charge theft. This gives court sufficient sentencing powers and enables the case to be presented clearly without the further complications of proving the additional elements required in burglary. For instance, shoplifting by a person who has been banned from a store or by a person who has entered with the intention of sh...
Allocation and Penalty
Burglary is an either way offence, except in the following circumstances, when it is indictable only: 1. the offence committed (or intended) is indictable only (Schedule 1, paragraph 28 of the Magistrates’ Courts Act 1980); or 2. the burglary was in a dwelling and any person in the dwelling was subjected to violence or the threat of violence (Schedule 1, paragraph 28 of the Magistrates’ Courts Act 1980); or 3. the burglary was a domestic burglary, the accused is 18 or over and at the date of...
Elements
Aggravated burglary is defined at section 10 TA 1968as follows: “A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive”.
Elements
Section 12 (1) TA 1968defines the offence as taking any conveyance (apart from a pedal cycle) to use it without having the consent of the owner or other lawful authority (TWOC). There is a specific offence under section 12(5) TA 1968 covering the taking of pedal cycles.
Driving or allowing to be carried in a conveyance taken without consent
Section 12(1) TA 1968 also provides that anyone who knowingly drives or allows themselves to be carried in a conveyance taken without consent is guilty of an offence. The elements required for the offence of “taking” must be proved. A person will only have “allowed themselves to be carried” where there is some movement of the vehicle (R v Diggin (1981) 72 Cr App R 204). Simply sitting in the passenger seat of a vehicle knowing it to have been taken without consent, even with the intention of...
Mental element and Statutory Defence
The defendant must know that the conveyance has been taken without the consent of the owner. Belief falling short of knowledge will not be sufficient. However, even where a defendant does know that the conveyance has been taken without consent, section 12(6) TA 1968 provides a specific statutory defence for all offences under section 12 TA 1968 (including taking a pedal cycle): "A person does not commit an offence under this section by anything done in the belief that he has lawful authority...
Elements
The offence of TWOC is “aggravated” if it is committed in respect of 1. a mechanically propelled vehicle and 2. at least one of the following circumstances occurred after the vehicle was taken and before it was recovered: 2.1. it was driven dangerously on a road or public place; or 2.2. it caused an accident in which somebody was injured; or 2.3. it caused damage to property; or 2.4. the vehicle itself was damaged. The defendant will be guilty of this offence even if they were not driving at...
Allocation and Penalty
Aggravated TWOC is an either way offence, carrying a maximum penalty in the Crown Court of two years imprisonment and/or an unlimited fine, with the caveat that where the aggravating circumstance relied on the by the prosecution is an accident causing injury to another, then if the injury was fatal, the maximum penalty is increased to 14 years. In a Magistrates’ Court, the maximum penalty depends on when the offence was committed: 1. For offences committed prior to Monday 2 May 2022, the maxi...
Elements
Section 13 TA 1968creates the offence of dishonestly using electricity without authority or dishonestly causing electricity to be wasted or diverted.
Allocation and Penalty
The offence is triable either-way. The maximum penalty at the Crown Court is five years and/or an unlimited fine. In a Magistrates’ Court, the maximum penalty depends on when the offence was committed: 1. For offences committed prior to Monday 2 May 2022, the maximum penalty for a single either-way offence is up to 6 months' imprisonment and/or an unlimited fine; for two or more either-way offences, the maximum penalty is up to 12 months' imprisonment and/or an unlimited fine; 2. For offences...
Three strikes for Domestic Burglary - 3 years. Three strikes for Class A Drug Trafficking - 7 years. Firearms Offences - 5 years. Threats with an Offensive Weapon - 6 months. Two Offensive Weapon offences - 6 months. Minimum terms required by law.
Jul 23, 2021 · What are “three-strikes Laws”? Enacted on March 7, 1994, the three strikes law originated from the Violent Crime Control and Law Enforcement Act of 1994. This law was part of the United States Department of Justice’s anti-violence strategy. The federal three strikes statute is codified under 18 U.S.C. § 3559 (c).
Jul 12, 2022 · Three strikes laws generally deal with serious and violent felony offenses. Common crimes considered "strikes" include rape , murder , arson , and robbery . But the lists of "strikes" vary by state—some include nonviolent offenses like treason, drug trafficking, felony theft , and bribery .
This section further explores the definition of Three Strikes laws, providing an elucidation of the “three strikes” concept (B1) and an overview of their operational mechanics within the criminal justice system (B2).
