Robbery
The offence of robbery under s.8 Theft Act 1968 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, and the arrest and search powers, for frontline officers.
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What are the points to prove for robbery under s.8 Theft Act 1968?
Robbery (s.8(1) Theft Act 1968) requires a theft (s.1), plus the use of force on any person, or putting or seeking to put any person in fear of being then and there subjected to force, immediately before or at the time of the theft and in order to steal. Assault with intent to rob is a distinct offence carrying the same life maximum (s.8(2)).
Robbery is triable only on indictment — it is expressly excepted from the either-way offences in Schedule 1 to the Magistrates' Courts Act 1980; the maximum on conviction on indictment is life imprisonment (s.8(2) Theft Act 1968).
Robbery is defined by s.8(1) Theft Act 1968: a person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put or seek to put any person in fear of being then and there subjected to force. Robbery incorporates theft (s.1) — its definitional elements (dishonestly, appropriates, property, belonging to another, intention of permanently depriving, ss.2-6) are reproduced on the theft card. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.
Offence
s.8 Theft Act 1968
Mode of trial
Indictable only
Maximum sentence
Life imprisonment (s.8(2) Theft Act 1968)
Points to prove — statutory elements
Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.
(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
(2) A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life.
(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.
(3) The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section).
Powers of arrest & search
A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing robbery, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).
Code of Practice: PACE Code G — arrest →Robbery includes a theft, so PACE 1984 s.1 allows a constable with reasonable grounds to suspect they will find stolen articles to stop and search a person or vehicle (s.1(2)). Any weapon carried is an offensive weapon and therefore a prohibited article (s.1(7)(a)/s.1(9)). GOWISELY applies.
Code of Practice: PACE Code A — stop and search →CPS charging guidance
Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.
Section 8(1) TA 1968 defines 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".
"Steals" must be interpreted in accordance with the definition provided for "theft" in sections 1 – 6 TA 1968.
If all the elements of theft are not made out on the evidence then neither will the robbery be made out. This will also apply to the defendant's intention in the case of assault with intent to rob. In R v Mitchell [2008] EWCA 850 the Court of Appeal dealing with a case in which the owner had been forcibly removed from their car which had then been driven away said:
"Of course, everything about the taking and use of the BMW, like any car taken away without the owner's authority, indicates an intention to treat such a car regardless of the owner's rights. That is the test of conversion in the civil law. But not every conversion is a theft. Theft requires the additional intention of permanently depriving the owner or the substituted intention under s 6(1). The fact that the taking becomes more violent, thereby setting up a case of robbery, if there is an underlying case of theft, does not in itself turn what would be a robbery, if there was a theft, into a case of robbery without theft.
"The theft has to be there without the violence which would turn the theft into robbery."
Once the theft is complete any force used subsequently cannot amount to robbery as later force will not fall within the definition. However, the courts have held that appropriation is a continuing act it would be artificial to attempt to draw a line determining the precise moment it ends. Whether the theft is still in the course of being committed is a question of fact which must be left to the jury to determine. “To say that the conduct is over and done with as soon as he lays hands upon the property, or when he first manifests an intention to deal with it as his, is contrary to common-sense and to the natural meaning of words." (R v Hale (1979) 68 Cr. App. R. 415.) See also R v Lockley [1995] Crim LR 656.
What amounts to "force" is a question of fact for the jury. A jury was entitled to find that force had been used to steal a shopping basket where the defendant had wrenched it from the victim's hand (R v Clouden [1987] Crim LR 56). However see also P v DPP [2012] EWHC 1657 (Admin) where snatching a cigarette from between the victim’s fingers without making direct contact was not "force used upon the person".
The force must be used in order to steal. If a defendant were to punch a victim and knock them out, before forming the intention to steal their watch, this would be theft but not robbery (although a charge of assault may also need to be considered).
Robbery is indictable only, punishable with life imprisonment or an unlimited fine or both.
- Robbery is theft plus force, or the fear of force, used immediately before or at the time of the theft and in order to steal — the force may be used on any person present, not only the owner of the property.
- Assault with intent to rob is a distinct offence carrying the same life maximum under s.8(2) — no theft need actually be completed, provided the assault is committed with intent to steal.
- Where a firearm or imitation firearm is used in the robbery, a separate Firearms Act 1968 offence may be charged alongside, potentially engaging the 5-year minimum term for certain firearms offences under s.311 Sentencing Act 2020.
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Theft Act 1968, section 8 — robbery
The offence of robbery: theft with the use or threat of force, immediately before or at the time and in order to steal, and the maximum sentence of life imprisonment in s.8(2).
Last checked: August 2026 - Verify on official source
Theft Act 1968, section 1 — basic definition of theft
The theft element incorporated into robbery: dishonestly appropriating property belonging to another with intent to permanently deprive.
Last checked: August 2026 - Verify on official source
Magistrates' Courts Act 1980, section 17 and Schedule 1 — offences triable either way
Schedule 1 para 28 expressly excepts robbery and assault with intent to rob from the either-way offences listed, confirming robbery is indictable only.
Last checked: August 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 24 — arrest without warrant: constables
The power of arrest without warrant, subject to the necessity criteria in s.24(5).
Last checked: August 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 1 — stop and search
Stop and search for stolen or prohibited articles on reasonable grounds.
Last checked: August 2026 - Verify on official source
Sentencing Council — Robbery guideline
The sentencing guideline used to assess sentence for street and less sophisticated commercial robbery, cross-linked from this card.
Last checked: August 2026 - Verify on official source
CPS charging guidance — Theft Act offences (Open Government Licence v3.0)
CPS charging standard for the Theft Act 1968 offences — charging decisions, allocation and penalty guidance (verbatim extracts shown on this card).
Last checked: August 2026
Frequently asked
- Is robbery triable either way?
- No — robbery (and assault with intent to rob) is indictable only. It is expressly excepted from the offences made either-way by Schedule 1 to the Magistrates' Courts Act 1980. The maximum on conviction on indictment is life imprisonment (s.8(2) Theft Act 1968).
- What are the elements of robbery?
- A theft (s.1 Theft Act 1968), together with the use of force on any person, or putting or seeking to put any person in fear of being then and there subjected to force, immediately before or at the time of the theft and in order to steal (s.8(1)).
- Does the force have to be used against the owner of the property?
- No — s.8(1) refers to force used or threatened "on any person", so force against a third party (for example a security guard, not the owner of the goods) can still make the theft a robbery.