Theft Act (Northern Ireland) 1969: Definition of Theft and Related Offences, Slides of Law

Download Theft Act (Northern Ireland) 1969: Definition of Theft and Related Offences and more Slides Law in PDF only on Docsity! Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) Theft Act (Northern Ireland) 1969 F1 1969 CHAPTER 16 An Act to revise the law of Northern Ireland as to theft and similar or associated offences; and for purposes connected therewith. [10th July 1969] F1 mod. by 1981 NI 26 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 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 “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 Theft Act (Northern Ireland) 1969 (c. 16) – Definition of “theft” Document Generated: 2022-03-06 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) (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 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 reducing it into possession. Theft Act (Northern Ireland) 1969 (c. 16) – Theft, robbery, burglary, etc. Document Generated: 2022-03-06 5 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) 11 Removal of articles from places open to the public. (1) Subject to subsections (2) and (3), 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) 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). (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. 12 Taking of vehicles and other conveyances without authority. Subs.(1) rep. by 1970 c.2 (NI) (2 F3 Subject to subsection (7), 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. (3) A person guilty of an offence under subsection (2) shall— (a) on conviction on indictment, be liable to imprisonment for a term not exceeding three years; (b) on summary conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding[F4 level 3 on the standard scale], or to both. (4) On the trial of any indictment for the theft of a conveyance, the jury may acquit the defendant of theft and find him guilty of an offence under subsection (2). (5) A court of summary jurisdiction dealing summarily with the offence of theft of a conveyance may acquit the defendant of theft and find him guilty of an offence under subsection (2). Subs. (6) rep. by 1989 NI 12 (7) A person does not commit an offence under subsection (2) 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. 6 Theft Act (Northern Ireland) 1969 (c. 16) – Theft, robbery, burglary, etc. Document Generated: 2022-03-06 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) (8) For purposes of this section— (a) “conveyance” means any conveyance (other than a motor vehicle, trailer or pedal cycle) constructed or adapted, whether or not as its primary purpose, 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; (b) “motor vehicle” and “trailer” have the same meanings as in the Road Traffic [F5 (Northern Ireland) Order 1981 ]; and (c) “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. F3 1981 NI 2 F4 1984 NI 3 F5 1981 NI 1 13 Abstracting of electricity. A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall, on conviction on indictment, be liable to imprisonment for a term not exceeding five years. 14 Extension to thefts from mails outside Northern Ireland, and robbery, etc., on such a theft. (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, notwithstanding that he does so outside Northern Ireland, he shall be guilty of committing or attempting to commit the offence against this Act as if he had done so in Northern Ireland, and he shall accordingly be liable to be prosecuted, tried and punished in Northern Ireland without proof that the offence was committed there. (2) In subsection (1), the reference to different jurisdictions in the British postal area is to be construed as referring to the several jurisdictions of Northern Ireland, of England and Wales, of Scotland, of the Isle of Man and of the Channel Islands. Sub. (3) rep. by SI 2003/2908 Theft Act (Northern Ireland) 1969 (c. 16) – Fraud and blackmail Document Generated: 2022-03-06 7 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) FRAUD AND BLACKMAIL 15 Obtaining property by deception. F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 S. 15 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14, 15(1)(4), Sch. 1 para. 1(c)(i), Sch. 3 (subject to transitional provisions and savings in Sch. 2 para. 3); S.I. 2006/3200, art. 2 15A Obtaining a money transfer by deception. F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 S. 15A repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14, 15(1)(4), Sch. 1 para. 1(c)(ii), Sch. 3 (subject to transitional provisions and savings in Sch. 2 para. 3); S.I. 2006/3200, art. 2 15B Section 15A: supplementary. F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 S. 15B repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1)(4), Sch. 1 para. 9, Sch. 3; S.I. 2006/3200, art. 2 16 Obtaining pecuniary advantage by deception. F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 S. 16 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14, 15(1)(4), Sch. 1 para. 1(c)(iii), Sch. 3 (subject to transitional provisions and savings in 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. 10 Theft Act (Northern Ireland) 1969 (c. 16) – Offences relating to goods stolen, etc. Document Generated: 2022-03-06 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) of theft, has in his possession such property so obtained in the Republic of Ireland shall, on conviction on indictment, be liable to imprisonment for a term not exceeding seven years. (5) For purposes of the provisions of this Act relating to goods which have been stolen (including subsections (1) to (4)), goods obtained in Northern Ireland or elsewhere either by blackmail or [F12, subject to subsection (6), by fraud (within the meaning of the Fraud Act 2006)] shall be regarded as stolen; and “steal” , “theft” and “thief” shall be construed accordingly. [F13(6) Subsection (1) applies in relation to goods obtained by fraud as if— (a) the reference to the commencement of this Act were a reference to the commencement of the Fraud Act 2006, and (b) the reference to an offence under this Act were a reference to an offence under section 1 of that Act.] F12 Words in s. 23(5) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 11(1) (with Sch. 2 para. 6); S.I. 2006/3200, art. 2 F13 S. 23(6) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 11(2) (with Sch. 2 para. 6); S.I. 2006/3200, art. 2 [F1423A Dishonestly retaining a wrongful credit. (1) A person is guilty of an offence if— (a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b) he knows or believes that the credit is wrongful; and (c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled. (2) References to a credit are to a credit of an amount of money. [ F15(2A) A credit to an account is wrongful to the extent that it derives from— (a) theft; (b) blackmail; (c) fraud (contrary to section 1 of the Fraud Act 2006); or (d) stolen goods.] (3) F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made. (6) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years. (7) Subsection (8) applies for purposes of provisions of this Act relating to stolen goods (including [F17subsection (2A)] ). (8) References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit. Theft Act (Northern Ireland) 1969 (c. 16) – Possession of housebreaking implements, etc. Document Generated: 2022-03-06 11 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) [F18(9) “Account” means an account kept with— (a) a bank; (b) a person carrying on a business which falls within subsection (10); or (c) an issuer of electronic money (as defined for the purposes of Part 2 of the Financial Services and Markets Act 2000). (10) A business falls within this subsection if— (a) in the course of the business money received by way of deposit is lent to others; or (b) any other activity of the business is financed, wholly or to any material extent, out of the capital of or the interest on money received by way of deposit. (11) References in subsection (10) to a deposit must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act; but any restriction on the meaning of deposit which arises from the identity of the person making it is to be disregarded. (12) For the purposes of subsection (10)— (a) all the activities which a person carries on by way of business shall be regarded as a single business carried on by him; and (b) “money” includes money expressed in a currency other than sterling.]] F14 1997 NI 3 F15 S. 23(2A) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 12(1) (with Sch. 2 para. 7); S.I. 2006/3200, art. 2 F16 S. 23A(3)(4) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14, 15(1)(4), Sch. 1 para. 12(1), Sch. 3 (with Sch. 2 para. 7); S.I. 2006/3200, art. 2 F17 Words in S. 23A(7) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 12(2) (with Sch. 2 para. 7); S.I. 2006/3200, art. 2 F18 S. 23A(9)-(12) substiuted (15.1.2007) for subsection (9) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1) (4), Sch. 1 para. 12(3) (with Sch. 2 para. 7); S.I. 2006/3200, art. 2 POSSESSION OF HOUSEBREAKING IMPLEMENTS, ETC. 24 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 [F19burglary or theft] . (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 [F19burglary or theft] shall be evidence that he had it with him for such use. (4) F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Theft Act (Northern Ireland) 1969 (c. 16) – Enforcement and procedure Document Generated: 2022-03-06 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) (5) For purposes of this section, an offence under section 12(2) of taking a conveyance and an offence under [F21 Article 172 of the Road Traffic (Northern Ireland) Order 1981 ] of taking a motor vehicle shall be treated as theft F22. . . . F19 Words in s. 24(1)(3) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1)(4), Sch. 1 para. 13(a); S.I. 2006/3200, art. 2 F20 S. 24(4) repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 15, Sch. 2 F21 1981 NI 1 F22 Words. in s. 24(5) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1)(4), Sch. 1 para. 13(b), Sch. 3; S.I. 2006/3200, art. 2 ENFORCEMENT AND PROCEDURE 25 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. Subs. (2) rep. by 1989 NI 12 (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. Subs. (4) rep. by 1998 c. 32 (5) This section is to be construed in accordance with section 23;F23. . . . F23 1989 NI 12 26 Evidence and procedure on charge of theft or handling stolen goods. (1) Any number of persons may be charged in one indictment or in one complaint, 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) If, on the trial of an indictment or the hearing of a complaint for the theft of any property, the property is alleged by the indictment or complaint to have been stolen at one time but it appears that the property was appropriated at different times, such separate appropriations may be tried or heard together, to a number not exceeding three, if a period of not more than six months elapsed between the first and the last of such appropriations. (3) Where, on the joint trial of two or more persons for handling stolen goods, a court of summary jurisdiction or, on a trial on indictment, the jury is satisfied that any of the accused handled all or any of the stolen goods (whether or not he did so jointly Theft Act (Northern Ireland) 1969 (c. 16) – General and consequential provisions Document Generated: 2022-03-06 15 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) (b) from complying with any order made in any such proceedings; but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Act, be admissible in evidence against that person or (unless they[F29 married or became civil partners after the making of the statement or admission) against the spouse or civil partner] of that person. (2) Notwithstanding any enactment to the contrary, where property has been stolen or obtained by fraud or other wrongful means, the title to that or any other property shall not be affected by reason only of the conviction of the offender. F28 1978 NI 23 F29 2004 c.33 30 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 of 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 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 set out in Schedule 1 (which respectively preserve with modificationsF30. . . , the offence under the Summary Jurisdiction (Ireland) Act 1862 of unlawful possession of the carcase, hide or other part of a sheep and the offence under the Pawnbrokers Act (Ireland) 1788 of defacement, etc., before sale at auction, of name or marking on watch or plate) 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), 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 23. F30 1985 NI 2 S.31(1), with Schedule 2, effects amendments; subs.(2), with Schedule 3, effects repeals 16 Theft Act (Northern Ireland) 1969 (c. 16) – Supplementary Document Generated: 2022-03-06 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) SUPPLEMENTARY 32 F31 Interpretation. (1) Sections 4(1) and 5(1) shall apply generally for purposes of this Act as they apply for purposes of section 1. (2) For purposes of this Act— (a) “enactment” means any statutory provision within the meaning of section 1( f) of the Interpretation Act (Northern Ireland) 1954 ; (b) “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;F32. . . (c) “goods” includes money and every other description of property except land, and includes things severed from the land by stealing.[F32;and] [F32(d) “mail bag” and “postal packet” have the meanings given by section 125(1) of the Postal Services Act 2000.] F31 1978 NI 23 F32 SI 2003/2908 33 Commencement and transitional provisions. (1) This Act shall come into force on the 1st August 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) Sections 26 and 27 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), 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. 34 Short title. This Act may be cited as the Theft Act (Northern Ireland) 1969. Theft Act (Northern Ireland) 1969 (c. 16) SCHEDULE 1 – OFFENCES OF TAKING, ETC., DEER, UNLAWFUL POSSESSION OF CARCASE, ETC., OF SHEEP AND DEFACEMENT, ETC., BEFORE SALE AT AUCTION, OF NAME OR MARKING ON WATCH OR PLATE Document Generated: 2022-03-06 17 Changes to legislation: There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969. (See end of Document for details) S C H E D U L E S SCHEDULE 1 Section 30(1). OFFENCES OF TAKING, ETC., DEER, UNLAWFUL POSSESSION OF CARCASE, ETC., OF SHEEP AND DEFACEMENT, ETC., BEFORE SALE AT AUCTION, OF NAME OR MARKING ON WATCH OR PLATE TAKING OR KILLING DEER Para. 1 rep. by 1985 NI 2 UNLAWFUL POSSESSION OF CARCASE, ETC., OF SHEEP 2 Where the carcase of any sheep or lamb, or the head, skin or any part thereof, or any fleece thereof, is seized by any person pursuant to section 25(3), any person in whose possession or on whose premises any such carcase, head, skin, part or fleece is found[F33 if he fails to satisfy a court of summary jurisdiction that he came lawfully by such carcase, head, skin, part or fleece] shall, on summary conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both. F33 1989 NI 12 DEFACEMENT, ETC., BEFORE SALE AT AUCTION, OF NAME OR MARKING ON WATCH OR PLATE 3 Any person who changes, alters or defaces, or causes to be changed, altered or defaced— (a) any name engraved upon any watch as the maker or owner thereof, or the number of such watch, or the place where the same was made, or any coat of arms or crest thereon; or (b) any name, cypher, crest or arms engraved upon any article or piece of family plate (whether gold or silver); without the consent in writing of the owner thereof or of some person duly authorised to sell the same or to give such consent, shall, unless such watch or article or piece of family plate shall, before such change, alteration or defacement, have been sold at a public auction duly advertised, be deemed, until the contrary is proved, to have handled stolen goods knowing or believing them to be stolen goods.