Theft Act 1968: Handling Stolen Goods and Related Provisions, Study notes of Law

Download Theft Act 1968: Handling Stolen Goods and Related Provisions and more Study notes Law in PDF only on Docsity! Theft Act 1968 CHAPTER 60 ARRANGEMENT OF SECTIONS Definition of "theft" Section 1. Basic definition of theft. 2. " Dishonestly ". 3. " Appropriates ". 4. " Property ". 5. " Belonging to another ". 6. " With the intention of permanently depriving the other of it". Theft, robbery, burglary, etc. 7. Theft. 8. Robbery. 9. Burglary. 10. Aggravated burglary. 11. Removal of articles from places open to the public. 12. Taking motor vehicle or other conveyance without authority. 13. Abstracting of electricity. 14. Extension to thefts from mails outside England and Wales, and robbery etc. on such a theft. Fraud and blackmail 15. Obtaining property by deception. 16. Obtaining pecuniary advantage by deception. 17. False accounting. 18. Liability of company officers for certain offences by company. 19. False statements by company directors, etc. 20. Suppression, etc. of documents. 21. Blackmail. A ii CH. 60 Theft Act 1968 Offences relating to goods stolen etc. Section 22, Handling stolen goods. 23. Advertising rewards for return of goods stolen or lost. 24. Scope of offences relating to stolen goods. Possession of house-breaking implements, etc. 25. Going equipped for stealing etc. Enforcement and procedure 26. Search for stolen goods. 27. Evidence and procedure on charge of theft or handling stolen goods. 28. Orders for restitution. 29. Jurisdiction of quarter sessions, and summary trial. General and consequential provisions 30. Husband and wife. 31. Effect on civil proceedings and rights. 32. Effect on existing law and construction of references to offences. 33. Miscellaneous and consequential amendments, and repeal. Supplementary 34. Interpretation. 35. Commencement and transitional provisions. 36. Short title, and general provisions as to Scotland and Northern Ireland. SCHEDULES : Schedule 1-Offences of taking etc. deer or fish. Schedule 2-Miscellaneous and consequential amend- ments. Schedule 3-Repeals. Theft Act 1968 CH. 60 3 tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and " let " shall be construed accordingly. (3) A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose. For purposes of this subsection " mushroom " includes any fungus, and " plant " includes any shrub or tree. (4) Wild creatures, tamed or untamed, shall be regarded as property ; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reduc- ing it into possession. 5.-(1) Property shall be regarded as belonging to any person " Belonging to having possession or control of it, or having in it any proprietary another ". right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest). (2) Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right. (3) Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other. (4) Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds. (5) Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation. A2 4 CH. 60 Theft Act 1968 " With the intention of permanently depriving the other of it ". 6.-(1) A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other's rights ; and a borrow- ing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. (2) Without prejudice to the generality of subsection (1) above, where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for purposes of his own and without the other's authority) amounts to treating the property as his own to dispose of regardless of the other's rights. Theft, robbery, burglary, etc. Theft. 7. A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. Robbery, 8.-(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 imprison- ment for life. Burglary. 9.-(1) A person is guilty of burglary if- (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below ; or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any woman therein, and of doing unlawful damage to the building or anything therein. (3) References in subsections (1) and (2) above to a building shall apply also to an inhabited vehicle or vessel, and shall Theft Act 1968 CH. 60 5 apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. (4) A person guilty of burglary shall on conviction on indict- ment be liable to imprisonment for a term not exceeding four- teen years. 1O.-(1) A person is guilty of aggravated burglary if he Aggravated commits any burglary and at the time has with him any firearm burglary. 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.-(1) Subject to subsections (2) and (3) below, where the Removal of public have access to a building in order to view the building articles from or part of it, or a collection or part of a collection housed in places open to it, any person who without lawful authority removes from the the public. 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. A3 8 Obtaining pecuniary advantage by deception. False accounting. CH. 60 Theft Act 1968 (3) Section 6 above shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 1. (4) For purposes of this section "deception" means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person. 16.-(1) A person who by any deception dishonestly obtains for himself or another any pecuniary advantage shall on conviction on indictment be liable to imprisonment for a term not exceeding five years. (2) The cases in which a pecuniary advantage within the meaning of this section is to be regarded as obtained for a person are cases where- (a) any debt or charge for which he makes himself liable or is or may become liable (including one not legally enforceable) is reduced or in whole or in part evaded or deferred ; or (b) he is allowed to borrow by way of overdraft, or to take out any policy of insurance or annuity contract, or obtains an improvement of the terms on which he is allowed to do so ; or (c) he is given the opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting. (3) For purposes of this section " deception " has the same meaning as in section 15 of this Act. 17.-(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 imprison- ment 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 Theft Act 1968 CH. 60 9 particular, or who omits or concurs in omitting a material par- ticular from an account or other document, is to be treated as falsifying the account or document. 18.-(1) Where an offence committed by a body corporate Liability under section 15, 16 or 17 of this Act is proved to have been of company committed with the consent or connivance of any director, officers for manager, secretary or other similar officer of the body corporate, offences or any person who was purporting to act in any such capacity, by company. 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. 19.-(l) Where an officer of a body corporate or unincor- False porated association (or person purporting to act as such), with statements intent to deceive members or creditors of the body corporate d recto set. or association about its affairs, publishes or concurs in publish- ing a written statement or account 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 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.-(1) A person who dishonestly, with a view to gain for Suppression, himself or another or with intent to cause loss to another, etc. of destroys, defaces or conceals any valuable security, any will or documents. 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. (2) A person who dishonestly, with a view to gain for him- self or another or with intent to cause loss to another, by any deception procures the execution of a valuable security shall on conviction on indictment be liable to imprisonment for a term A5 10 CH. 60 Theft Act 1968 not exceeding seven years ; and this subsection shall apply in relation to the making, acceptance, indorsement, alteration, can- cellation or destruction in whole or in part of a valuable security, and in relation to the signing or sealing of any paper or other material in order that it may be made or converted into, or used or dealt with as, a valuable security, as if that were the execution of a valuable security. (3) For purposes of this section " deception " has the same meaning as in section 15 of this Act, and "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. Blackmail. 21.-(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 indict- ment be liable to imprisonment for a term not exceeding fourteen years. Offences relating to goods stolen etc. Handling 22.-(D A person handles stolen goods if (otherwise than stolen goods. 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 con- viction on indictment be liable to imprisonment for a term not exceeding fourteen years. Theft Act 1968 CH. 60 13 (4) The Police (Property) Act 1897 (which makes provision 1897 c. 30. for the disposal of property in the possession of the police) shall apply to property which has come into the possession of the police under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (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. 27.-(1) Any number of persons may be charged in one Evidence and indictment, with reference to the same theft, with having at charge of on different times or at the same time handled all or any of the theft or stolen goods, and the persons so charged may be tried together. handling stolen goods. (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 posses- sion 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 possession, or has under- taken 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 14 CH. 60 Theft Act 1968 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 circum- stances allow, given the prosecutor written notice re- quiring the attendance at the hearing or trial of the person making the declaration. (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. Orders for 28.-(1) Where goods have been stolen, and a person is restitution. convicted of any offence with reference to the theft (whether or not the stealing is the gist of his offence), the court by or before which the offender is convicted may on the conviction exercise any of the following powers : - (a) the court may order anyone having possession or control of the goods to restore them to any person entitled to recover them from him ; or (b) on the application of a person entitled to recover from the person convicted any other goods directly or indirectly representing the first-mentioned goods (as being the proceeds of any disposal or realisation of the whole or part of them or of goods so representing them), the court may order those other goods to be delivered or transferred to the applicant ; or (c) on the application of a person who, if the first-mentioned goods were in the possession of the person convicted, would be entitled to recover them from him, the court may order that a sum not exceeding the value of those goods shall be paid to the applicant out of any money of the person convicted which was taken out of his possession on his apprehension. (2) Where under subsection (1) above the court has power on a person's conviction to make an order against him both under paragraph (b) and under paragraph (c) with reference to the stealing of the same goods, the court may make orders under Theft Act 1968 CH. 60 15 both paragraphs provided that the applicant for the orders does not thereby recover more than the value of those goods. (3) Where under subsection (1) above the court on a person's conviction makes an order under paragraph (a) for the restoration of any goods, and it appears to the court that the person con- victed has sold the goods to a person acting in good faith, or has borrowed money on the security of them from a person so acting, then on the application of the purchaser or lender the court may order that there shall be paid to the applicant, out of any money of the person convicted which was taken out of his possession on his apprehension, a sum not exceeding the amount paid for the purchase by the applicant or, as the case may be, the amount owed to the applicant in respect of the loan. (4) The court shall not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence given at the trial or the available documents, together with admissions made by or on behalf of any person in connection with any proposed exercise of the powers ; and for this purpose " the available documents " means any written statements or admissions which were made for use, and would have been admissible, as evidence at the trial, the depositions taken at any committal proceedings and any written statements or admissions used as evidence in those proceedings. (5) Any order under this section shall be treated as an order for the restitution of property within the meaning of sections 30 and 42 of the Criminal Appeal Act 1968 (which relate to the 1968 c. 19. effect on such orders of appeals). (6) References in this section to stealing are to be construed in accordance with section 24(1) and (4) of this Act. 29.-(l) In Schedule 1 to the Criminal Law Act 1967 there Jurisdiction shall cease to have effect paragraph 13(a) and (b) of List B of quarter (which exclude from the jurisdiction of quarter sessions the sessions, and theft etc. of court records and documents of title to land). summary trial. (2) In Schedule 1 to the Magistrates' Courts Act 1952 1967 c. 58. (which lists the indictable offences by adults which may be 1952 c. 55. 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 18 CH. 60 Theft Act 1968 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 1861 c. 96. preserve with modifications certain offences under the Larceny 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 com- mencement of this Act, and except in so far as the context other- wise 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 accord- ance with the provisions of this Act, including those of section 24. Miscellaneous and consequential amendments, and repeal. 1953 c. 36. 33.-(l) The Post Office Act 1953 shall have effect subject to the amendments provided for by Part I of Schedule 2 to this Act and (except in so far as the contrary intention appears) those amendments shall have effect throughout the British postal area. (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 amend- ments made by Part II to enactments extending beyond England and Wales shall have the like extent as the enactment amended. (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 Theft Act 1968 CH. 60 19 extend, the Schedule shall have effect to repeal it in its applica- tion 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 Extradition Act 1870 or in the Schedule to the Extradition 1870 c. 52. Act 1873 shall affect the operation of that Schedule by reference 1873 c. 60. to the law of a British possession ; but the repeal made in Schedule 1 to the Extradition Act 1870 shall extend throughout the United Kingdom. Supplementary 34.-(1) Sections 4(1) and 5(1) of this Act shall apply Interpretation. 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 descrip- tion of property except land, and includes things severed from the land by stealing. 35.-(1) This Act shall come into force on the 1st January Commence- 1969 and, save as otherwise provided by this Act, shall have ment and effect only in relation to offences wholly or partly committed transitional on or after that date. provisions. (2) Sections 27 and 28 of this Act shall apply in relation to proceedings for an offence committed before the commence- ment 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. 20 Short title, and general provisions as to Scotland and Northern Ireland. 1920 c. 67. CH. 60 Theft Act 1968 36.-(1) This Act may be cited as the Theft Act 1968. (2) The restrictions imposed by the Government of Ireland Act 1920 on the powers of the Parliament of Northern Ireland shall not be treated as precluding that Parliament from enacting in relation to Northern Ireland, by any Act passed for purposes similar to this Act, a provision corresponding to any provision of this Act or, in connection therewith, from repealing or amending in relation to Northern Ireland any provision of Part I of Schedule 2 to this Act. (3) This Act does not extend to Scotland or, apart from subsection (2) above, 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. Theft Act 1968 CH. 60 23 or to a fine not exceeding one hundred pounds or to Scn. 2 both, or on conviction on indictment to imprisonment for a term not exceeding two years." 9. Section 69(2) shall be omitted. 10. For section 70 there shall be substituted the following section- "Prosecu- 70.--(1) Where a person- tion of certain (a) steals or attempts to steal any mail bag or postal offences in packet in the course of transmission as such any juris- between places in different jurisdictions in the diction of British postal area, or any of the contents of British such a mail bag or postal packet ; or postal area. (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 com- mitting 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, 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 declara- tion 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) ". 24 CH. 60 Theft Act 1968 Scx. 2 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." 1897 c. 30. PART II Other amendments extending beyond England and Wales Act amended Amendment The Extradition Act In the Schedule (additional list of extradition 1873 crimes) for the words " the Larceny Act (36 & 37 Vict. 1861 " there shall be substituted the words c. 60) " the Theft Act 1968 ". The Public Stores Act For section 12 (incorporation of parts of 1875 Larceny Act 1861) there shall be substi- (38 & 39 Vict. tuted:- c. 25) " (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 informa- tion 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 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 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 For section 44(l)(b) there shall be substituted- (3 & 4 Eliz. 2. " (b) handles any stolen goods, where the c. 18) 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 ". Act amended The Army Act 1955 (3 & 4 Eliz. 2. c. 18)-cont. The Air Force Act 1955 (3 & 4 Eliz. 2. c. 19) The Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53) The Army and Air Force Act 1961 (9 & 10 Eliz. 2. c. 52) The Road Traffic Act 1962 (10 & 11 Eliz. 2. c. 59) Theft Act 1968 CH. 60 Amendment 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 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 ". 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. Section 21 shall be omitted. In Part II of Schedule 1 (offences involving discretionary disqualification for a driving licence), in paragraph 24 there shall be substituted for the words in the first column the words "An offence, or attempt to commit an offence, in respect of a motor vehicle under section 12 of the Theft Act 1968 or, in Scotland, section 217(1) of the principal Act (taking, etc., without authority) ", and in the second column after the words " paragraph (a) " there shall be inserted the words " (that is, of the said section 217(1)) "; and for paragraph ScH. 2 25 28 CH. 60 Theft Act 1968 Section 33 (3). SCHEDULE 3 REPEALS PART I PENAL ENACTMENTS SUPERSEDED BY THIS ACT Session and Chapter Short Title Extent of Repeal 3 Edw. 1. The Statute of Westmin- Chapters 26 and 31. ster the First. 15 Geo. 2. c. 33 The Starr and Bent Act The whole Act. 1741. 22 Geo. 2. c. 27 The Frauds by Workmen The whole Act. Act 1748. 17Geo. 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 The whole Act. Act 1777. 50 Geo. 3. c. 59 The Embezzlement by The whole Act, so far as Collectors Act 1810. unrepealed. 55 Geo. 3. c. 50. The Gaol Fees Abolition The whole Act. Act 1815. 5 Geo. 4. c. 83. The Vagrancy Act 1824. In section 4 the words from 7 Geo. 4. c. 16 The Chelsea and Kilmain- ham Hospitals Act 1826. " having in his or her custody " to " outbuilding, or," together with the words " and every such picklock key, crow, jack, bit, and other implement." Section 25. Section 34 from " and, if any pensioner " onwards, except the words from " such mark, stamp or brand " to " com- missioners ", where next occurring. Section 38. 2 & 3 Vict. The Metropolitan Police Sections 26, 27, 28, 30 and 31. c. 47. Act 1839. 2 & 3 Vict. The Metropolitan Police Section 26. c. 71. Courts Act 1839. 3 & 4 Vict. The Canals (Offences) Act Sections 7 and 8. c. 50. 1840. 3 & 4 Vict. The Metropolitan Police Section 11. c. 84. Courts Act 1840. 6 & 7 Vict. The Hosiery Act 1843. The whole Act, except sections c. 40. 18 to 20. 10 & 11 Vict. The Commissioners In section 67 the words " exact c. 16. Clauses Act 1847. or ". 24 & 25 Vict. The Larceny Act 1861. The whole Act. c. 96. 24 & 25 Vict. The Forgery Act 1861. Section 3. c. 98. CH. 60 29 Theft Act 1968 Section and Chapter 26 & 27 Vict. c. 103. 28 & 29 Vict. c. 124. 32 & 33 Vict. c. 62. 33 & 34 Vict. c. 58. 34 & 35 Vict. c. 41. Short Title The Misappropriation by Servants Act 1863. The Admiralty Powers, &c. Act 1865. The Debtors Act 1869. The Forgery Act 1870. The Gas Works Clauses Act 1871. Extent of Repeal The whole Act. Sections 6 to 9, together with the words "of all offences specified in this Act, and " in section 5. In section 13, paragraph (1). The whole Act, so far as unrepealed. In section 38, as incorporated in the Electric Lighting Act 1882, the words " or fraudu- lently abstracts, consumes or uses gas of the undertakers ", the words " or for abstracting, consuming or using gas of undertakers " and the words " abstraction or consump- tion ". 37 & 38 Vict. The False Personation Act The whole Act. c. 36. 1874. 38 & 39 Vict. The Falsification of The whole Act. c. 24. Accounts Act 1875. 38 & 39 Vict. The Public Works Loans Section 44. c. 89. Act 1875. 47 & 48 Vict. The Pensions and Yeo- Section 3. c. 55. manry Pay Act 1884. 50 & 51 Vict. The Sheriffs Act 1887. In section 29, subsection (2)(b) c. 55. and in subse*ion (6) the words from " or demands " to " office ". 50 & 51 Vict. The Coroners Act 1887. In section 8(2) the words " of c. 71. extortion or 54 & 55 Vict. The Consular Salaries and Section 2(3). c. 36. Fees Act 1891. 57 & 58 Vict. The Merchant Shipping In section 154 paragraph (d), c. 60. Act 1894. and in paragraph (e) the words " or representation " and the words " or made." The Elementary School 61 & 62 Vict. Teachers (Superannua- c. 57. tion) Act 1898. In section 180 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 ". Section 10. SCH. 3 30 CH. 60 Theft Act 1968 ScH. 3 Session and Chapter 62 & 63 Vict. c. 19. Short Title Extent of Repeal The Electric Lighting (Clauses) Act 1899. In the Schedule, in section 38 of the Gasworks Clauses Act 1871 as set out in the Appen- dix, the words "or fraud- ulently abstracts, consumes or uses gas of the under- takers ", the words " or for abstracting, consuming or using gas of undertakers " and the words " abstraction or consumption " (these re- peals having effect for the purposes of the Schedule as incorporated with the Elec- tricity Act 1947 or any other enactment). 6 Edw. 7. The Merchant Shipping Section 28(10) from " and if " c. 48. Act 1906. onwards. 4 & 5 Geo. 5. The Bankruptcy Act 1914. In section 154(1), paragraphs c. 59. (13) and (14). In section 156, paragraph (a). Section 160. 5 & 6 Geo. 5. The Naval and Military Section 5. c. 83. War Pensions, etc. Act 1915. 6 & 7 Geo. 5. The Larceny Act 1916. The whole Act (but the repeal C. 50. of section 39(2) and (3) shall not extend to Scotland). 9&10Goo. 5. The Ferries (Acquisition Section 4 from "If any" c. 75. by Local Authorities) onwards. Act 1919. 10 &11 Geo. 5. The Pensions (Increase) Section 5. c. 36. Act 1920. 11 & 12 Geo. 5. The Admiralty Pensions Section 1(2). c. 39. Act 1921. 11 & 12 Geo. 5. The War Pensions Act Section 7(2). c. 49. 1921. 19 & 20 Geo. 5. The Government Annu- Section 34. c. 29. ities Act 1929. Section 61(2). Section 64. 23 & 24 Geo. 5. The Local Government In section 123, in subsection c. 51. Act 1933. (2), the words "exact or" and, in subsection (3), the 2 & 3 Geo. 6. c. 82. The Personal Injuries (Emergency Provisions) Act 1939. words " any of ". Section 6. 2 & 3 Geo. 6. The Pensions (Navy, Section 8. c. 83. Army, Air Force and Mercantile Marine) Act 1939. 5 & 6 Geo. 6. The War Damage Section 3. c. 28. (Amendment) Act 1942. 6 & 7 Geo. 6. The War Damage Act Section 112. c. 21. 1943. Theft Act 1968 CH. 60 33 Session and Chapter Short Title SC}I. 3 Extent of Repeal 19 & 20 Vict. The Hay and Straw Act The whole Act. c. 114. 1856. 32 & 33 Vict. The Seamen's Clothing The whole Act. c. 57. Act 1869. 33 & 34 Vict. The Larceny (Advertise- The whole Act. c. 65. ments) Act 1870. 34 & 35 Vict. The Prevention of Crimes Sections 10 and 11. c. 112. Act 1871. 39 & 40 Vict. The Statute Law Revision Section 4. c. 20. (Substituted Enact- ments) Act 1876. 59 & 60 Vict. The Friendly Societies Act Section 87(2). c. 25. 1896. 61 & 62 Vict. The Criminal Evidence In the Schedule, the entries for c. 36. Act 1898. the Vagrancy Act 1824 and for the Prevention of Cruelty to Children Act 1894. 4 & 5 Geo. 5. The Currency and Bank The whole Act. c. 14. Notes Act 1914. PART III CONSEQUENTIAL REPEALS Session and Chapter Short Title 2 & 3 Vict. The Metropolitan Police c. 47. Act 1839. 2 & 3 Vict. The Metropolitan Police c. 71. Courts Act 1839. 3 & 4 Vict. The Canals (Offences) Act c. 50. 1840. 33 & 34 Vict. The Extradition Act 1870 c. 52. 35 & 36 Vict. c. 93. 38 & 39 Vict. c. 83. 40 & 41 Vict. c. 59. The Pawnbrokers Act 1872. The Local Loans Act 1875. The Colonial Stock Act 1877. Extent of Repeal Section 66 from "and any person " onwards. Section 25. Section 11 from the beginning to " law; and ". Section 12. 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. In section 30, paragraph (2) (but this repeal shall not extend to Scotland). Section 32. Section 21. 34 CH. 60 Theft Act 1968 Scli. 3 Session and Chapter 45 & 46 Vict. c. 75. 47 & 48 Vict. c. 14. 47 & 48 Vict. c. 44. 56 & 57 Vict. c. 71. 60 & 61 Vict. c. 30. 61 & 62 Vict. c. 36. 16 & 17 Geo. 5. c. 7. 25 & 26 Geo. 5. c. 30. 11 & 12 Geo. 6. c 58. 12, 13 & 14 Geo. 6. c. 36. 14 & 15 Geo. 6. c. 39. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 45. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 67. 1 & 2 Eliz. 2. c. 36. 8 & 9 Eliz. 2. c. 44. 10 & 11 Eliz. 2. c. 15. 10 & 11 Eliz. 2. c. 46. Short Title The Married Women's Property Act 1882. The Married Women's Property Act 1884. The Naval Pensions Act 1884. The Sale of Goods Act 1893. The Police (Property) Act 1897. The Criminal Evidence Act 1898. The Bankruptcy (Amend- ment) Act 1926. The Law Reform (Married Women and Tortfeasors) Act 1935. The Criminal Justice Act 1948. The War Damage (Public Utility Undertakings, etc.) Act 1949. The Common Informers Act 1951. The Pensions (Increase) Act 1952. The Magistrates' Courts Act 1952. The Visiting Forces Act 1952. The Post Office Act 1953. The Finance Act 1960. The Criminal Justice Ad- ministration Act 1962. The Transport Act 1962. Extent of Repeal Sections 12 and 16, so far as unrepealed. The whole Act. In section 2 the words " or the Admiralty (Powers, etc.) Act 1865 ". Section 24. In section 1(1) the words " section 103 of the Larceny Act 1861 ". In the Schedule the entry for the Married, Women's Pro- perty Act 1882. In section 5 the words "(13), (14) and" wherever occur- ring. In Schedule 1 the entries amending section 12 of the Married Women's Property Act 1882 and the Larceny Act 1916. In section 41, subsection (3), in subsection (4) the words " or statutory declaration ", and in subsection (5) the words " or statutory declara- tion " and the words from " or the person " onwards. Section 10(9)(e). In the Schedule the entry relating to the Larceny Act 1861 section 102. In Schedule 3 the entries for sections 6 and 7 of 7 & 8 Geo. 6. c. 21. Section 33. In Schedule 1, entries Nos. 1, 5 and 6. In the Schedule, paragraph 1(b)(v) and paragraph 3(a), (d) and (e). In section 23(1), the words "and of the Larceny Act 1916 ". Section 55 (but this repeal shall not extend to Scotland). In Schedule 3, paragraphs 4, 5, 6 and 8. In Part I of Schedule 2 the entry for the Criminal Justice Act 1948. Theft Act 1968 CH. 60 35 Session and Chapter Short Title Scu. 3 Extent of Repeal 10 & 11 Eliz. 2. The Road Traffic Act Section 44 (but this repeal shall c. 59. 1962. not extend to Scotland). 1964 c. 26. The Licensing Act 1964. Section 100(4)(d). 1967 c. 58. The Criminal Law Act Section 4(7). 1967. In Schedule 1, in List A, item 1 in Division II, and, in List B, item 13. In Schedule 2, paragraph 1968 c. 19. 1968 c. 27. The Criminal Appeal Act 1968. The Firearms Act 1968. 2(1)(a); in paragraph 4 the word " embezzlement "; paragraph 12, except in sub- paragraph (2) the words from "in the Bankruptcy Act" onwards and except sub- paragraph (6); and para- graph 13(1)(b). In section 30, in subsection (1) the words from "and the operation" to "on convic- tion", in subsection (2) the words " or of section 24(1) of the Sale of Goods Act 1893 " and the words " or that sub- section, as the case may be ", and in subsection (3) the words " or of the said section 24(1) ". Section 42(4). In section 17, subsection (3) and in subsection (5) the words from " and " onwards. 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