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Abstracting electricity

s.13 Theft Act 1968 · Triable either way

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Sentencing framework

The guideline for abstracting electricity structures sentencing around the concepts of culpability and harm, categorizing offences based on their severity. The starting point for sentencing is defined alongside an established range, with specific aggravating and mitigating factors that can adjust the sentence accordingly. Courts must balance these factors to determine an appropriate sentence, which can range from discharge for lesser cases to several years of custody for more serious violations.

Maximum sentence

5 years’ custody

Court

Triable either way

Starting point

12 weeks’ custody

Offence range

Discharge – 1 year’s custody

Aggravating factors

  • ·Previous convictions
  • ·Electricity abstracted from another person’s property
  • ·Attempts to conceal/dispose of evidence
  • ·Failure to comply with current court orders
  • ·Offence committed while on licence
  • ·Offences taken into consideration
  • ·Blame wrongly placed on others

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Positive character and/or exemplary conduct (regardless of previous convictions)
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives
  • ·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — use the corresponding starting point to reach a sentence within the category range
  3. Step 3 — consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — reduction for guilty pleas
  5. Step 5 — totality principle
  6. Step 6 — consider compensation and ancillary orders
  7. Step 7 — give reasons for the sentence
  8. Step 8 — consider time spent on bail

Guideline notes

  • The court must ensure that requirements imposed are the most suitable for the offender. If custody is necessary, the impact on dependents must be considered.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.