Changes to the Theft Act 1968: An Overview of Textual Amendments and Repeals, Study notes of Art

Download Changes to the Theft Act 1968: An Overview of Textual Amendments and Repeals and more Study notes Art in PDF only on Docsity! Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Theft Act 1968 1968 CHAPTER 60 An Act to revise the law of England and Wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against the other, and to make certain amendments extending beyond England and Wales in the Post Office Act 1953 and other enactments; and for other purposes connected therewith. [26th July 1968] Modifications etc. (not altering text) C1 Act amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 28 C2 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. Commencement Information I1 Act wholly in force at 1.1.1969, see s. 35(1) Definition of “theft” 1 Basic definition of theft. (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). 2 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Modifications etc. (not altering text) C3 S. 1(1) applied (25.8.2000) by 2000 c. 6, ss. 148(8), 168 2 “Dishonestly” (1) A person’s appropriation of property belonging to another is not to be regarded as dishonest— (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or (b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or (c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. (2) A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. 3 “Appropriates”. (1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner. (2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property. 4 “Property”. (1) “Property” includes money and all other property, real or personal, including things in action and other intangible property. (2) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say— (a) when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; or (b) when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or (c) when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land. For purposes of this subsection “land” does not include incorporeal hereditaments; “tenancy” means a tenancy for years or any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be Theft Act 1968 (c. 60) Document Generated: 2021-12-24 5 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Textual Amendments F2 Words in s. 9(2) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141, Sch. 6 para. 17,{Sch. 7}; S.I. 2004/874, art. 2 F3 S. 9(3)(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(2); S.I. 1992/333, art. 2(2), Sch. 2 10 Aggravated burglary. (1) 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; and for this purpose— (a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and (b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and (c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose. (2) A person guilty of aggravated burglary shall on conviction on indictment be liable to imprisonment for life. 11 Removal of articles from places open to the public. (1) Subject to subsections (2) and (3) below, where the public have access to a building in order to view the building or part of it, or a collection or part of a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to the public in the building or that part of it or in its grounds shall be guilty of an offence. For this purpose “collection” includes a collection got together for a temporary purpose, but references in this section to a collection do not apply to a collection made or exhibited for the purpose of effecting sales or other commercial dealings. (2) It is immaterial for purposes of subsection (1) above, that the public’s access to a building is limited to a particular period or particular occasion; but where anything removed from a building or its grounds is there otherwise than as forming part of, or being on loan for exhibition with, a collection intended for permanent exhibition to the public, the person removing it does not thereby commit an offence under this section unless he removes it on a day when the public have access to the building as mentioned in subsection (1) above. (3) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it. (4) A person guilty of an offence under this section shall, on conviction on indictment, be liable to imprisonment for a term not exceeding five years. 6 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 12 Taking motor vehicle or other conveyance without authority. (1) Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. (2) A person guilty of an offence under subsection (1) above shall [F4be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.] F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) If on the trial of an indictment for theft the jury are not satisfied that the accused committed theft, but it is proved that the accused committed an offence under subsection (1) above, the jury may find him guilty of the offence under subsection (1) [F6and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.] [F7(4A) Proceedings for an offence under subsection (1) above (but not proceedings of a kind falling within subsection (4) above) in relation to a mechanically propelled vehicle— (a) shall not be commenced after the end of the period of three years beginning with the day on which the offence was committed; but (b) subject to that, may be commenced at any time within the period of six months beginning with the relevant day. (4B) In subsection (4A)(b) above “the relevant day” means— (a) in the case of a prosecution for an offence under subsection (1) above by a public prosecutor, the day on which sufficient evidence to justify the proceedings came to the knowledge of any person responsible for deciding whether to commence any such prosecution; (b) in the case of a prosecution for an offence under subsection (1) above which is commenced by a person other than a public prosecutor after the discontinuance of a prosecution falling within paragraph (a) above which relates to the same facts, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution or (if later) the discontinuance of the other prosecution; (c) in the case of any other prosecution for an offence under subsection (1) above, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution. (4C) For the purposes of subsection (4A)(b) above a certificate of a person responsible for deciding whether to commence a prosecution of a kind mentioned in subsection (4B) (a) above as to the date on which such evidence as is mentioned in the certificate came to the knowledge of any person responsible for deciding whether to commence any such prosecution shall be conclusive evidence of that fact.] (5) Subsection (1) above shall not apply in relation to pedal cycles; but, subject to subsection (6) below, a person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own or another’s use, or rides a pedal cycle knowing it to have been taken without such authority, shall on summary conviction be liable to a fine not exceeding [F8level 3 on the standard scale.] Theft Act 1968 (c. 60) Document Generated: 2021-12-24 7 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) (6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it. (7) For purposes of this section— (a) “conveyance” means any conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air, except that it does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it, and “drive” shall be construed accordingly; and (b) “owner”, in relation to a conveyance which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the conveyance under that agreement. Textual Amendments F4 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 37(1)(a), Sch. 8 para. 16 F5 S. 12(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I F6 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 37(1)(6), Sch. 8 para. 16 F7 S. 12(4A)-(4C) inserted (1.10.2001) by 2001 c. 3, s. 37(1); S.I. 2001/3215, art. 2 F8 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 [F912A Aggravated vehicle-taking. (1) Subject to subsection (3) below, a person is guilty of aggravated taking of a vehicle if— (a) he commits an offence under section 12(1) above (in this section referred to as a “basic offence”) in relation to a mechanically propelled vehicle; and (b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs (a) to (d) of subsection (2) below. (2) The circumstances referred to in subsection (1)(b) above are— (a) that the vehicle was driven dangerously on a road or other public place; (b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person; (c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle; (d) that damage was caused to the vehicle. (3) A person is not guilty of an offence under this section if he proves that, as regards any such proven driving, injury or damage as is referred to in subsection (1)(b) above, either— (a) the driving, accident or damage referred to in subsection (2) above occurred before he committed the basic offence; or (b) he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred. (4) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or, if it is proved that, in circumstances falling within subsection (2)(b) above, the accident caused the death of the person concerned, [F10fourteen years]F10. 10 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Textual Amendments F15 S. 16 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(iii), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2 17 False accounting. (1) Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another,— (a) destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or (b) in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular; he shall, on conviction on indictment, be liable to imprisonment for a term not exceeding seven years. (2) For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document. 18 Liability of company officers for certain offences by company. (1) Where an offence committed by a body corporate under section F16... 17 of this Act is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. Textual Amendments F16 Words in s. 18(1) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 4, Sch. 3; S.I. 2006/3200, art. 2 Modifications etc. (not altering text) C6 S. 18 applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(1) 19 False statements by company directors, etc. (1) Where an officer of a body corporate or unincorporated association (or person purporting to act as such), with intent to deceive members or creditors of the body corporate or association about its affairs, publishes or concurs in publishing a written statement or account which to his knowledge is or may be misleading, false or Theft Act 1968 (c. 60) Document Generated: 2021-12-24 11 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) deceptive in a material particular, he shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years. (2) For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a creditor of it. (3) Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connection with his functions of management as if he were an officer of the body corporate or association. 20 Suppression, etc. of documents. (1) A person who dishonestly, with a view to gain for himself or another or with intent to cause loss to another, destroys, defaces or conceals any valuable security, any will or other testamentary document or any original document of or belonging to, or filed or deposited in, any court of justice or any government department shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years. F17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of this section F18... “valuable security” means any document creating, transferring, surrendering or releasing any right to, in or over property, or authorising the payment of money or delivery of any property, or evidencing the creation, transfer, surrender or release of any such right, or the payment of money or delivery of any property, or the satisfaction of any obligation. Textual Amendments F17 S. 20(2) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(iv), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2 F18 Words in s. 20(3) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 5, Sch. 3; S.I. 2006/3200, art. 2 21 Blackmail. (1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief— (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand. (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand. (3) A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years. 12 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Modifications etc. (not altering text) C7 S. 21 extended (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 1(1)(d), 8(2); S.I. 1991/1716, art. 2 Offences relating to goods stolen etc. 22 Handling stolen goods. (1) A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so. (2) A person guilty of handling stolen goods shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years. 23 Advertising rewards for return of goods stolen or lost. Where any public advertisement of a reward for the return of any goods which have been stolen or lost uses any words to the effect that no questions will be asked, or that the person producing the goods will be safe from apprehension or inquiry, or that any money paid for the purchase of the goods or advanced by way of loan on them will be repaid, the person advertising the reward and any person who prints or publishes the advertisement shall on summary conviction be liable to a fine not exceeding [F19level 3 on the standard scale.] Textual Amendments F19 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 24 Scope of offences relating to stolen goods. (1) The provisions of this Act relating to goods which have been stolen shall apply whether the stealing occurred in England or Wales or elsewhere, and whether it occurred before or after the commencement of this Act, provided that the stealing (if not an offence under this Act) amounted to an offence where and at the time when the goods were stolen; and references to stolen goods shall be construed accordingly. (2) For purposes of those provisions references to stolen goods shall include, in addition to the goods originally stolen and parts of them (whether in their original state or not),— (a) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of the thief as being the proceeds of any disposal or realisation of the whole or part of the goods stolen or of goods so representing the stolen goods; and (b) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of a handler of the stolen goods or any part of them as being the proceeds of any disposal or realisation of the whole or part of the stolen goods handled by him or of goods so representing them. Theft Act 1968 (c. 60) Document Generated: 2021-12-24 15 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Possession of housebreaking implements, etc. 25 Going equipped for stealing, etc. (1) A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any [F28burglary or theft]F28 . (2) A person guilty of an offence under this section shall on conviction on indictment be liable to imprisonment for a term not exceeding three years. (3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a [F29burglary or theft]F29 shall be evidence that he had it with him for such use. (4) F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) For purposes of this section an offence under section 12(1) of this Act of taking a conveyance shall be treated as theft F31... . Textual Amendments F28 Words in s. 25(1)(3) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 8(a); S.I. 2006/3200, art. 2 F29 Words in s. 25(1) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1), Sch. 1 para. 8(a) (with Sch. 2 para. 3); S.I. 2006/3200, art. 2 F30 S. 25(4) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174, 178, Sch. 7 para. 17, Sch. 17; S.I. 2005/3495, art. 2(m)(u)(xvii) F31 Words in s. 25(5) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 8(b), Sch. 3; S.I. 2006/3200, art. 2 Enforcement and procedure 26 Search for stolen goods. (1) If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession or on his premises any stolen goods, the justice may grant a warrant to search for and seize the same; but no warrant to search for stolen goods shall be addressed to a person other than a constable except under the authority of an enactment expressly so providing. F32(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Where under this section a person is authorised to search premises for stolen goods, he may enter and search the premises accordingly, and may seize any goods he believes to be stolen goods. F33(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) This section is to be construed in accordance with section 24 of this Act; and in subsection (2) above the references to handling stolen goods shall include any corresponding offence committed before the commencement of this act. 16 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) Textual Amendments F32 S. 26(2) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. I F33 S. 26(4) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II Modifications etc. (not altering text) C9 S. 26(3): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 10; S.I. 2003/708, art. 2 S. 26(3) modified (1.4.2003) by 2001 c. 16, ss. 55, 57(3), 68, 138(2), Sch. 1 Pt. 3 para. 92; S.I. 2003/708, art. 2 27 Evidence and procedure on charge of theft or handling stolen goods. (1) Any number of persons may be charged in one indictment, with reference to the same theft, with having at different times or at the same time handled all or any of the stolen goods, and the persons so charged may be tried together. (2) On the trial of two or more persons indicted for jointly handling any stolen goods the jury may find any of the accused guilty if the jury are satisfied that he handled all or any of the stolen goods, whether or not he did so jointly with the other accused or any of them. (3) Where a person is being proceeded against for handling stolen goods (but not for any offence other than handling stolen goods), then at any stage of the proceedings, if evidence has been given of his having or arranging to have in his possession the goods the subject of the charge, or of his undertaking or assisting in, or arranging to undertake or assist in, their retention, removal, disposal or realisation, the following evidence shall be admissible for the purpose of proving that he knew or believed the goods to be stolen goods:— (a) evidence that he has had in his possesion, or has undertaken or assisted in the retention, removal, disposal or realisation of, stolen goods from any theft taking place not earlier than twelve months before the offence charged; and (b) (provided that seven days’ notice in writing has been given to him of the intention to prove the conviction) evidence that he has within the five years preceding the date of the offence charged been convicted of theft or of handling stolen goods. (4) In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions:— (a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and (b) a statutory declaration shall only be admissible if at least seven days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the declaration. Theft Act 1968 (c. 60) Document Generated: 2021-12-24 17 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) F34(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) This section is to be construed in accordance with section 24 of this Act; and in subsection (3)(b) above the reference to handling stolen goods shall include any corresponding offence committed before the commencement of this Act. Textual Amendments F34 S. 27(4A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for remaining purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 46, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 34) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 34) Modifications etc. (not altering text) C10 S. 27(4) applied (with modifications) (26.3.2001) by 2000 c. 26, s. 109(2); S.I. 2001/878, art. 2, Sch. (subject to transitional provisions and savings in art. 16) F3528 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F35 S. 28 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1,2) 29 Jurisdiction of quarter sessions, and summary trial. F36(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X1(2) In Schedule I to the M1 Magistrates’ Courts Act 1952 (which lists the indictable offences by adults which may be tried summarily with the consent of the accused) for paragraph 11 there shall be substituted:— “11 Any indictable offence under the Theft Act 1968 except— (a) robbery, aggravated burglary, blackmail and assault with intent to rob; and (b) burglary comprising the commission of, or an intention to commit, an offence which is not included in this Schedule; and (c) burglary in a dwelling if entry to the dwelling or the part of it in which the burglary was committed, or to any building or part of a building containing the dwelling, was obtained by force or deception or by the use of any tool, key or appliance, or if any person in the dwelling was subjected to violence or the threat of violence; and (d) handling stolen goods from an offence not committed in the United Kingdom.” 20 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 32 Effect on existing law and construction of references to offences. (1) The following offences are hereby abolished for all purposes not relating to offences committed before the commencement of this Act, that is to say— (a) any offence at common law of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour or office or franchise, false accounting by public officers, concealment of treasure trove and, except as regards offences relating to the public revenue, cheating; and (b) any offence under an enactment mentioned in Part I of Schedule 3 to this Act, to the extent to which the offence depends on any section or part of a section included in column 3 of that Schedule; but so that the provisions in Schedule 1 to this Act (which preserve with modifications certain offences under the M2Larcency Act 1861 of taking or killing deer and taking or destroying fish) shall have effect as there set out. (2) Except as regards offences committed before the commencement of this Act, and except in so far as the context otherwise requires,— (a) references in any enactment passed before this Act to an offence abolished by this Act shall, subject to any express amendment or repeal made by this Act, have effect as references to the corresponding offence under this Act, and in any such enactment the expression “receive” (when it relates to an offence of receiving) shall mean handle, and “receiver” shall be construed accordingly; and (b) without prejudice to paragraph (a) above, references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, blackmail, burglary, aggravated burglary or handling stolen goods, shall be construed in accordance with the provisions of this Act, including those of section 24. Marginal Citations M2 1861 c. 96. 33 Miscellaneous and consequential amendments, and repeal. X2F48(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X2(2) The enactments mentioned in Parts II and III of Schedule 2 to this Act shall have effect subject to the amendments there provided for, and (subject to subsection (4) below) the amendments made by Part II to enactments extending beyond England and Wales shall have the like extent as the enactment amended. X2(3) The enactments mentioned in Schedule 3 to this Act (which include in Part II certain enactments related to the subject matter of this Act but already obsolete or redundant apart from this Act) are hereby repealed to the extent specified in column 3 of that Schedule; and, notwithstanding that the foregoing sections of this Act do not extend to Scotland, where any enactment expressed to be repealed by Schedule 3 does so extend, the Schedule shall have effect to repeal it in its application to Scotland except in so far as the repeal is expressed not to extend to Scotland. (4) No amendment or repeal made by this Act in Schedule 1 to the M3Extradition Act 1870 or in the Schedule to the M4Extradition Act 1873 shall affect the operation of Theft Act 1968 (c. 60) Document Generated: 2021-12-24 21 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) that Schedule by reference to the law of a British possession; but the repeal made in Schedule 1 to the M5Extradition Act 1870 shall extend throughout the United Kingdom. Editorial Information X2 The text of s. 33(1)–(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Textual Amendments F48 S. 33(1) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Marginal Citations M3 1870 c. 52. M4 1873 c. 60. M5 1870 c. 52. Supplementary 34 Interpretation. (1) Sections 4(1) and 5(1) of this Act shall apply generally for purposes of this Act as they apply for purposes of section 1. (2) For purposes of this Act— (a) “gain” and “loss” are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent; and— (i) “gain” includes a gain by keeping what one has, as well as a gain by getting what one has not; and (ii) “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has; (b) “goods”, except in so far as the context otherwise requires, includes money and every other description of property except land, and includes things severed from the land by stealing [F49; and. (c) “mail bag” and “postal packet” have the meanings given by section 125(1) of the Postal Services Act 2000.F49F49] Textual Amendments F49 S. 34(2)(c) and preceding word inserted (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 3(1), Sch. 1 para. 1 Modifications etc. (not altering text) C14 S. 34 applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(2) 22 Theft Act 1968 (c. 60) Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 35 Commencement and transitional provisions. (1) This Act shall come into force on the 1st January 1969 and, save as otherwise provided by this Act, shall have effect only in relation to offences wholly or partly committed on or after that date. (2) [F50Section 27 of this Act and section 148 of the Powers of Criminal Courts (Sentencing) Act 2000]shall apply in relation to proceedings for an offence committed before the commencement of this Act as they would apply in relation to proceedings for a corresponding offence under this Act, and shall so apply in place of any corresponding enactment repealed by this Act. (3) Subject to subsection (2) above, no repeal or amendment by this Act of any enactment relating to procedure or evidence, or to the jurisdiction or powers of any court, or to the effect of a conviction, shall affect the operation of the enactment in relation to offences committed before the commencement of this Act or to proceedings for any such offence. Textual Amendments F50 Words in s. 35(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168, Sch. 9 para. 35 36 Short title, and general provisions as to Scotland and Northern Ireland. (1) This Act may be cited as the Theft Act 1968. F51(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) This Act does not extend to Scotland or, F52. . . to Northern Ireland, except as regards any amendment or repeal which in accordance with section 33 above is to extend to Scotland or Northern Ireland. Textual Amendments F51 S. 36(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I F52 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Theft Act 1968 (c. 60) SCHEDULE 2 – Miscellaneous and Consequential Amendments Document Generated: 2021-12-24 25 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) (c) for the words from “be guilty” to “secreted it” there shall be substituted the words “be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding fourteen years”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In sections 55 and 58(1), after the word “imprisonment”, there shall in each case be inserted the words “for a term not exceeding two years”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In section 57— (a) there shall be omitted the words “steals, or for any purpose whatever embezzles,” and the words from “or if” onwards ; (b) for the word “felony” there shall be substituted the words “a misdemeanour”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 69(2) shall be omitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 For section 70 there shall be substituted the following section— “70 Prosecution of certain offences in any jurisdiction of British postal area. “70 Prosecution of certain offences in any jurisdiction of British postal area. (1) Where a person — (a) steals or attempts to steal any mail bag or postal packet in the course of transmission as such between places in different jurisdictions in the British postal area, or any of the contents of such a mail bag or postal packet ; or (b) in stealing or with intent to steal any such mail bag or postal packet or any of its contents, commits any robbery, attempted robbery or assault with intent to rob ; then, in whichever of those jurisdictions he does so, he shall by virtue of this section be guilty in each of the jurisdictions in which this subsection has effect of committing or attempting to commit the offence against section 52 of this Act, or the offence referred to in paragraph (b) of this subsection, as the case may be, as if he had done so in that jurisdiction, and he shall accordingly be liable to be prosecuted, tried and punished in that jurisdiction without proof that the offence was committed there. (2) In subsection (1) above the reference to different jurisdictions in the British postal area is to be construed as referring to the several jurisdictions of England and Wales, of Scotland, of Northern Ireland, 26 Theft Act 1968 (c. 60) SCHEDULE 2 – Miscellaneous and Consequential Amendments Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) of the Isle of Man, and of the Channel Islands ; and that subsection shall have effect in each of those jurisdictions except England and Wales.” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 In section 72 there shall be added as a new subsection (3)— “(3) In any proceedings in England or Wales for an offence under section 53, 55. 56, 57 or 58 of this Act, section 27(4) of the Theft Act 1968 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post , and in the case of proceedings under section 53 of this Act a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in the declaration subject to the same conditions as under section 27(4)(a) and (b) of the Theft Act 1968 apply to declarations admissible under section 27(4).” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 In section 87(1), the definition of “valuable security” shall be omitted but, except in relation to England and Wales, there shall be substituted:— ““valuable security” means any document creating, transferring, surrendering or releasing any right to, in or over property, or authorising the payment of money or delivery of any property, or evidencing the creation, transfer, surrender or release of any such right, or the payment of money or delivery of any property, or the satisfaction of any obligation.” PART II OTHER AMENDMENTS EXTENDING BEYOND ENGLAND AND WALES Act Amended Amendment F60 . . . F60 . . . The Public Stores Act 1875 (38 & 39 Vict. c. 25) For section 12 (incorporation of parts of Larceny Act 1861) there shall be substituted: — (1) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, in the act of committing or attempting to commit an offence against section 5 or 8 of this Act. (2) If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession or on his premises any stores in respect of which an Theft Act 1968 (c. 60) SCHEDULE 2 – Miscellaneous and Consequential Amendments Document Generated: 2021-12-24 27 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) offence against section 5 of this Act has been committed, the justice may issue a warrant to a constable to search for and seize the stores as in the case of stolen goods, and the M6 Police (Property) Act 1897 shall apply as if this subsection were among the enactments mentioned in section 1(1) of that Act. The Army Act 1955 (3 & 4 Eliz. 2. c. 18) For section 44(1)(b) there shall be substituted— (b) handles any stolen goods, where property stolen was public or service property, or. For section 45(b) there shall be substituted— (b) handles any stolen goods, where the property stolen belonged to a person subject to military law, or In section 138(1) for the words from “receiving” to “stolen” there shall be substituted the words “handling it”. In section 225(1) after the definition of “Governor” there shall be inserted— “handles”has the same meaning as in the Theft Act 1968; and for the definition of steals there shall be substituted— “steals” has the same meaning as in the Theft Act 1968, and references to stolen goods shall be construed as if contained in that Act. The Air Force Act 1955 (3 & 4 Eliz. 2. c. 19) The same amendments shall be made in sections 44, 45, 138 and 223 as are above directed to be made in the corresponding sections of the Army Act 1955, except that in the amendment to section 45(b) “air-force law” shall be substituted for “military law”. The Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53) For section 29(b) there shall be substituted— (b) handles any stolen goods, where the property stolen was public or service property, or. In section 76(1) for the words from “receiving” to “embezzling” there shall be substituted the word “handling”. In section 135(1) the same amendments shall be made as are above directed to be made in section 225(1) of the Army Act 1955. 30 Theft Act 1968 (c. 60) SCHEDULE 3 – Repeals Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 22 Geo. 2. c. 27 The Frauds by Workmen Act 1748. The whole Act. 17 Geo. 3. c. 11 The Worsted Act 1776. In section 12 the words from “or shall conceal” to “other purposes”. 17 Geo. 3. c. 56 The Frauds by Workmen Act 1777. The Whole Act. 50 Geo. 3. c. 59 The Embezzlement by Collectors Act 1810. The Whole Act, so far as unrepealed. 55 Geo. 3. c. 50. The Gaol Fees Abolition Act 1815. The whole Act. 5 Geo. 4. c. 83. The Vagrancy Act 1824. In section 4 the words from “having in his or her custody” to “outbuilding, or,” together with the words “and every such picklock key, crow, jack, bit, and other implement.” 7 Geo. 4. c. 16 The Chelsea and Kilmainham Hospitals Act 1826. Section 25. Section 34 from “and, if any pensioner” onwards, except the words from “such mark, stamp or brand” to “to commissioners”, where next occuring. Section 38. 2 & 3 Vict. c. 47. The Metropolitan Police Act 1839. Sections 26, 27, 28, 30 and 31. 2 & 3 Vict. c. 71. The Metropolitan Police Courts Act 1839. Section 26. 3 & 4 Vict. c. 50 The Canals (Offences) Act 1840. Sections 7 and 8. 3 & 4 Vict. c. 84 The Metropolitan Police Courts Act 1840. Section 11. 6 & 7 Vict. c. 40. The Hosiery Act 1843. The whole Act, except sections 18 to 20. 10 & 11 Vict. c. 16 The Commissioners Clauses Act 1847. In section 67 the words “exact or”. 24 & 25 Vict. c. 96. The Larceny Act 1861. The whole Act. 24 & 25 Vict. c. 98 The Forgery Act 1861. Section 3. 26 & 27 Vict. c. 103. The Misappropriation by Servants Act 1863. The whole Act. 28 & 29 Vict. c. 124. The Admiralty Powers, &c Act 1865. Sections 6 to 9, together with the words “of all offences Theft Act 1968 (c. 60) SCHEDULE 3 – Repeals Document Generated: 2021-12-24 31 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) specified in this Act, and” in section 5. 32 & 33 Vict. c. 62. The Debtors Act 1869. In section 13, paragraph (1). 33 & 34 Vict. c. 58. The Forgery Act 1870. The whole Act, so far as unrepealed. 34 & 35 Vict. c. 41. The Gas Works Clauses Act 1871. In section 38, as incorporated in the Electric Lighting Act 1882, the words “or fraudulently abstracts, consumes or uses gas of the undertakers”, the words “or for abstracting, consuming or using gas of undertakers” and the words “abstraction or consumption”. 37 & 38 Vict. c. 36. The False Personation Act 1874. The whole Act. 38 & 39 Vict. c. 24. The Falsification of Accounts Act 1875. The whole Act. 38 & 39 Vict. c. 89. The Public Works Loans Act 1875. Section 44. 47 & 48 Vict. c. 55. The Pensions and Yeomanry Pay Act 1884. Section 3. 50 & 51 Vict. c. 55. The Sheriffs Act 1887. In section 29, subsection (2) (b) and in subsection (6) the words from “or demands” to “office”. 50 & 51 Vict. c. 71. The Coroners Act 1887. In section 8(2) the words “of extortion or”. 54 & 55 Vict. c. 36. The Consular Salaries and Fees Act 1891. Section 2(3). 57 & 58 Vict. c. 60. The Merchant Shipping Act 1894. In section 154 paragraph (d), and in paragraph (e) the words “or representation” and the words “or made.” In section 197(8) paragraph (d). Section 248. Section 388(5) from “and if” onwards. In section 724(4) the words “demands or”. 61 & 62 Vict. c. 57. The Elementary School Teachers (Superannuation) Act 1898. Section 10. 32 Theft Act 1968 (c. 60) SCHEDULE 3 – Repeals Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 62 & 63 Vict. c. 19. The Electric Lighting (Clauses) Act 1899. In the Schedule, in section 38 of the Gasworks Clauses Act 1871 as set out in the Appendix, the words “or fraudulently abstracts, consumes or uses gas of the undertakers”, the words “or for abstracting, consuming or using gas of undertakers” and the words “abstraction or consumption” (these repeals having effect for the purposes of the Schedule as incorporated with the Electricity Act 1947 or any other enactment). 6 Edw. 7. c. 48. The Merchant Shipping Act 1906. Section 28(10) from “and if” onwards. 4 & 5 Geo. 5. c. 59. The Bankruptcy Act 1914. In section 154(1), paragraphs (13) and (14). In section 156, paragraph (a). Section 160. 5 & 6 Geo. 5. c. 83. The Naval and Military War Pensions, etc. Act 1915 Section 5. 6 & 7 Geo. c. 50. The Larceny Act 1916. The whole Act (but the repeal of section 39(2) and (3) shall not extend to Scotland). 9 & 10 Geo. 5 c. 75. The Ferries (Acquisition by Local Authorities) Act 1919. Section 4 from “If any” onwards. 10 & 11 Geo. 5. c. 36. The Pensions (Increase) Act 1920. Section 5. 11 & 12 Geo. 5 c. 39. The Admiralty Pensions Act 1921. Section 1(2). 11 & 12 Geo. 5. c. 49. The War Pensions Act 1921. Section 7(2). 19 & 20 Geo. 5. c. 29. The Government Annuities Act 1929. Section 34. Section 61(2). Section 64. 23 & 24 Geo. 5. c. 51. The Local Government Act 1933. In section 123, in subsection (2), the words “exact or” and, in subsection (3), the words “any of”. Theft Act 1968 (c. 60) SCHEDULE 3 – Repeals Document Generated: 2021-12-24 35 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 1967 c. 34. The Industrial Injuries and Diseases (Old Cases) Act 1967. In section 12(2) the words “section 11(1) of this Act”. 1967 c. 85. The Vessels Protection Act 1967. The whole Act. PART II OBSOLETE AND REDUNDANT ENACTMENTS Session and Chapter Short Title Extent of Repeal 34 & 35 Hen. 8. c. 26. The Laws in Wales Act 1542. Section 47 from “Item, that no person” onwards. 36 Geo. 3. c. 88. The Hay and Straw Act 1796. The whole Act. 5 Geo. 4. c. 83. The Vagrancy Act 1824 Sections 16 and 21. 4 & 5 Will. 4. c. 21. The Hay and Straw Act 1834. The whole Act. 3 & 4 Vict. c. 50. The Canals (Offences) Act 1840. Sections 13, 15, 17 and 19. 14 & 15 Vict. c. 19. The Prevention of Offences Act 1851. Sections 12 and 13. 18 & 19 Vict. c. 126. The Criminal Justice Act 1855. The whole Act, so far as unrepealed. 19 & 20 Vict. c. 114. The Hay and Straw Act 1856. The whole Act. 32 & 33 Vict. c. 57. The Seamen’s Clothing Act 1869. The whole Act. 33 & 34 Vict. c. 65. The Larceny (Advertisements) Act 1870. The whole Act. 34 & 35 Vict. c. 112. The Prevention of Crimes Act 1871. Sections 10 and 11. 39 & 40 Vict. c. 20. The Statute Law Revision (Substituted Enactments) Act 1876. Section 4. 59 & 60 Vict. c. 25 The Friendly Societies Act 1896 Section 87(2). 61 & 62 Vict. c. 36. The Criminal Evidence Act 1898. In the Schedule, the entries for the Vagrancy Act 1824 and for the Prevention of Cruelty to Children Act 1894. 4 & 5 Geo. 5. c. 14. The Currency and Bank Notes Act 1914. The whole Act. 36 Theft Act 1968 (c. 60) SCHEDULE 3 – Repeals Document Generated: 2021-12-24 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) PART III CONSEQUENTIAL REPEALS Session and Chapter Short Title Extent of Repeal 2 & 3 Vict. c. 47. The Metropolitan Police Act 1839. Section 66 from “and any person” onwards. 2 & 3 Vict. c. 71. The Metropolitan Police Courts Act 1839. Section 25. 3 & 4 Vict. c. 50. The Canals (Offences) Act 1840. Section 11 from the beginning to “law; and”. 33 & 34 Vict. c. 52. The Extradition Act 1870 In Schedule 1 the entries relating to embezzlement and larceny, to obtaining money or goods by false pretences, to fraud by bailees and others, to burglary and housebreaking, to robbery with violence and to threats by letter or otherwise with intent to extort. 35 & 36 Vict. c. 93. The Pawnbrokers Act 1872. In section 30, paragraph (2) (but this repeal shall not extend to Scotland). 38 & 39 Vict. c. 83. The Local Loans Act 1875. Sections 32. 40 & 41 Vict. c. 59 The Colonial Stock Act 1877. Section 21. 45 & 46 Vict. c. 75. The Married Women’s Property Act 1882. Sections 12 and 16, so far as unrepealed 47 & 48 Vict. c. 14. The Married Women’s Property Act 1884. The whole Act. 47 & 48 Vict. c. 44. The Naval Pensions Act 1884. In section 2 the words “or the Admiralty (Powers, etc.) Act 1865”. 56 & 57 Vict. c. 71. The Sale of Goods Act 1893. Section 24. 60 & 61 Vict. c.30. The Police (Property) Act 1897. In section 1(1), the words “section 103 of the Larceny Act 1861”. 61 & 62 Vict. c. 36. The Criminal Evidence Act 1898. In the Schedule the entry for the Married Women’s Property Act 1882. 16 & 17 Geo. 5. c. 7. The Bankruptcy (Amendment) Act 1926. In section 5 the words “(13), (14) and” wherever occurring. Theft Act 1968 (c. 60) SCHEDULE 3 – Repeals Document Generated: 2021-12-24 37 Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968. (See end of Document for details) 25 & 26 Geo. 5. c. 30. The Law Reform (Married Women and Tortfeasors) Act 1935. In Schedule 1 the entries amending section 12 of the Married Women’s Property Act 1882 and the Larceny Act 1916. 11 & 12 Geo. 6. c. 58. The Criminal Justice Act 1948. In section 41, subsection (3), in subsection (4) the words “or statutory declaration” and the words from “or the person” onwards. 12, 13 & 14 Geo. 6. c. 36. The War Damage (Public Utility Undertakings, etc.) Act 1949. Section 10(9)(e). 14 & 15 Geo. 6. c. 39. The Common Informers Act 1951. In the Schedule the entry relating to the Larceny Act 1861 section 102. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 45. The Pensions (Increase) Act 1952. In Schedule 3 the entries for sections 6 and 7 of 7 & 8 Geo. 6. c. 21. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 55. The Magistrates’ Courts Act 1952. Section 33. In Schedule 1, entries Nos. 1, 5 and 6. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 67. The Visiting Forces Act 1952. In the Schedule, paragraph 1(b)(v) and paragraph 3(a), (d) and (e). 1 & 2 Eliz. 2. c. 36. The Post Office Act 1953. In section 23(1), the words “and of the Larceny Act 1916”. 8 & 9 Eliz. 2. c. 44. The Finance Act 1960. Section 55 (but this repeal shall not extend to Scotland). 10 & 11 Eliz. 2. c. 15. The Criminal Justice Administration Act 1962. In Schedule 3, paragraphs 4, 5, 6 and 8. 10 & 11 Eliz. 2. c. 46. The Transport Act 1962. In Part I of Schedule 2 the entry for the Criminal Justice Act 1948. 10 & 11 Eliz 2. c. 59. The Road Traffic Act 1962. Section 44 (but this repeal shall not extend to Scotland). 1964 c. 26. The Licensing Act 1964. Section 100(4)(d). 1967 c. 58. The Criminal Law Act 1967. Section 4(7). In Schedule 1, in List A, item 1 in Division II, and, in List B, item 13. In Schedule 2, paragraph 2(1)(a); in paragraph 4 the