Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of bypassing an electricity meter, reconnecting a disconnected meter, plugging an electronic device into a socket without permission, or unlawfully obtaining a free telephone call.
In Low v Blease Crim LR 513, it was held that electricity could not be stolen as it is not property within the meaning of section 4 of the Theft Act 1968.Low v Blease (1975) 119 SJ 695, Crim LR 513, DC Before the Computer Misuse Act 1990 those who misused computers ("hackers") were charged with abstracting electricity, as no other law applied.
England and Wales This offence is created by section 13 of the Theft Act 1968:
This section replaces section 10 of the Larceny Act 1916.
The following cases are relevant: Low v Blease Crim L Rev 513 – The Queen's Bench Divisional Court held that making telephone calls without payment did not constitute theft under the Theft Act 1968, because the electricity could not be described as "property" within the meaning of section 4 of that Act. Use of the electricity in this case did not amount to "appropriation".Irish Law Reform Commission, Report on the Law Relating to Dishonesty, LRC 43-1992, 1992, IELRC 2, footnote 6, published in September 1992, accessed on 4 February 2025 R v Hoar and Hoar Crim LR 606 Collins and Fox v Chief Constable of Merseyside Crim LR 247, DC R v McCreadie and Tume96 Cr App R 143, CA Boggeln v Williams 2 All ER 1061
The applicable mens rea is dishonesty, as interpreted objectively following Ivey v Genting Casinos.
Visiting forces
This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.The Visiting Forces Act 1952, section 3(6) and Schedule, (as inserted by the Theft Act 1968, Schedule 2, Part III)
Mode of trial and sentence
This offence is triable either way.The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28 A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years,The Theft Act 1968, section 13 or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.The Magistrates' Courts Act 1980, section 32(1)
History
Section 10 of the Larceny Act 1916 provided:
In one reported case in London in 2015, a man was arrested for abstracting electricity (to the value of £0.00052) by charging his mobile telephone on a London Overground train, but he was ultimately not charged. In 2018, London Overground introduced mobile charging sockets on its trains for public use.
Similar offences
Section 125 of the Communications Act 2003 contains a similar offence for "dishonestly obtaining electronic communications services" which applies to services such as telephony and internet access, while section 297 of the Copyright, Designs and Patents Act 1988 creates a summary offence of avoiding payment for a broadcast or cable television services.
Northern Ireland This offence is created by section 13 of the Theft Act (Northern Ireland) 1969, which is identical to section 13 of the Theft Act 1968. It replaces section 10 of the Larceny Act 1916.
Visiting forces
This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.The Visiting Forces Act 1952, section 3(6) and Schedule, (as inserted by the Theft Act (Northern Ireland) 1969, Schedule 3, Part III)
Mode of trial
This offence is an indictable offence which may be tried summarily upon consent of the accused.The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), and paragraph 20 of (as substituted by of, and Schedule 2 to, the Criminal Justice (Northern Ireland) Order 1986 (S.I. 1986/1883 (N.I. 15) See hybrid offence.
Sentence
A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years,The Theft Act (Northern Ireland) 1969, section 13 or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)),
Republic of Ireland This offence is created by section 15(2)(a) of the Energy (Miscellaneous Provisions) Act, 1995. That section replaces section 10 of the Larceny Act 1916, which was repealed by section 28 of, and the Schedule to, that Act.
References