National Investigators Exam (NIE) Practice Exam

What distinguishes S9(1)(b) of the Theft Act?

1. Intent must be established before entry

2. Stealing or attempting GBH has occurred during trespassing

3. Must involve a third party as a victim

4. Force must be immediately used during theft

The correct answer is: Stealing or attempting GBH has occurred during trespassing

The correct choice highlights that S9(1)(b) of the Theft Act focuses on the act of theft occurring during the course of trespass. Specifically, this provision addresses situations where an individual commits theft after having entered a building as a trespasser with the intent to steal. This distinction is important in legal terms because it sets the context in which the theft takes place, emphasizing that the crime is considered more serious when it occurs in conjunction with trespassing. This aspect of the law acknowledges both the act of entering a property unlawfully and the subsequent act of stealing, making it clear that the individual's criminal intent and subsequent actions can have cumulative legal implications. Understanding this intersection between trespass and theft is crucial for those interpreting the law. The other choices do not accurately capture the main essence of S9(1)(b). For instance, the notion of intent must be established before entry relates more to preparatory offenses than to the specific provisions of the Theft Act regarding trespass and theft. Involving a third party as a victim does not define the parameters of S9(1)(b), as theft can occur regardless of the victim's status. Lastly, the requirement for force to be immediately used during theft relates more to robbery rather than