Definition of " theft "

1Basic 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" 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 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.

5" Belonging to another "

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary 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.

6"With the intention of permanently depriving the other of it"

(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 borrowing 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.

7Theft

A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years.

8Robbery

(1)A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

(2)A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life.

9Burglary

(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 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 indictment be liable to imprisonment for a term not exceeding fourteen years.

10Aggravated 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.

11Removal 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.

12Taking 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 on conviction on indictment be liable to imprisonment for a term not exceeding three years.

(3)Offences under subsection (1) above and attempts to commit them shall be deemed for all purposes to be arrestable offences within the meaning of section 2 of the [1967 c. 58.] Criminal Law Act 1967.

(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).

(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 fifty pounds.

(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

13Abstracting 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.

14Extension to thefts from mails outside England and Wales, 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 England and Wales, he shall be guilty of committing or attempting to commit the offence against this Act as if he had done so in England or Wales, and he shall accordingly be liable to be prosecuted, tried and punished in England and Wales 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.

(3)For purposes of this section " mail bag" includes any article serving the purpose of a mail bag.

Fraud and blackmail

15Obtaining property by deception

(1)A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years.

(2)For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and " obtain " includes obtaining for another or enabling another to obtain or to retain.

(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.

16Obtaining pecuniary advantage by deception

(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.

17False 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.

18Liability of company officers for certain offences by company

(1)Where an offence committed by a body corporate under section 15, 16 or 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.

19False 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 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.

20Suppression, 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.

(2)A person who dishonestly, with a view to gain for himself 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 not exceeding seven years; and this subsection shall apply in relation to the making, acceptance, indorsement, alteration, cancellation 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.

21Blackmail

(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.

Offences relating to goods stolen etc.

22Handling 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.

23Advertising 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 one hundred pounds.

24Scope 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.

(3)But no goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the theft.

(4)For purposes of the provisions of this Act relating to goods which have been stolen (including subsections (1) to (3) above) goods obtained in England or Wales or elsewhere either by blackmail or in the circumstances described in section 15(1) of this Act shall be regarded as stolen; and " steal", " theft" and " thief " shall be construed accordingly.

Possession of housebreaking implements, etc.

25Going 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 burglary, theft or cheat.

(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 burglary, theft or cheat shall be evidence that he had it with him for such use.

(4)Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under this section.

(5)For purposes of this section an offence under section 12(1) of this Act of taking a conveyance shall be treated as theft, and " cheat" means an offence under section 15 of this Act.

Enforcement and procedure

26Search 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.

(2)An officer of police not below the rank of superintendent may give a constable written authority to search any premises for stolen goods—

(a)if the person in occupation of the premises has been convicted within the preceding five years of handling stolen goods or of any offence involving dishonesty and punishable with imprisonment; or

(b)if a person who has been convicted within the preceding five years of handling stolen goods has within the preceding twelve months been in occupation of the premises.

(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.

(4)The [1897 c. 30.] Police (Property) Act 1897 (which makes provision 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.

27Evidence 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 possession, 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.

(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.

28Orders for restitution

(1)Where goods have been stolen, and a person is 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 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 convicted 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 [1968 c. 19.] Criminal Appeal Act 1968 (which relate to the 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.

29Jurisdiction of quarter sessions, and summary trial

(1)In Schedule 1 to the [1967 c. 58.] Criminal Law Act 1967 there shall cease to have effect paragraph 13(a) and (b) of List B (which exclude from the jurisdiction of quarter sessions the theft etc. of court records and documents of title to land).

(2)In Schedule 1 to the [1952 c. 55.] 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:—

“11Any 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.”

General and consequential provisions

30Husband and wife

(1)This Act shall apply in relation to the parties to a marriage, and to property belonging to the wife or husband whether or not by reason of an interest derived from the marriage, as it would apply if they were not married and any such interest subsisted independently of the marriage.

(2)Subject to subsection (4) below, a person shall have the same right to bring proceedings against that person's wife or husband for any offence (whether under this Act or otherwise) as if they were not married, and a person bringing any such proceedings shall be competent to give evidence for the prosecution at every stage of the proceedings.

(3)Where a person is charged in proceedings not brought by that person's wife or husband with having committed any offence with reference to that person's wife or husband or to property belonging to the wife or husband, the wife or husband shall be competent to give evidence at every stage of the proceedings, whether for the defence or for the prosecution, and whether the accused is charged solely or jointly with any other person:

Provided that—

(a)the wife or husband (unless compellable at common law) shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him during the marriage by the accused; and

(b)her or his failure to give evidence shall not be made the subject of any comment by the prosecution.

(4)Proceedings shall not be instituted against a person for any offence of stealing or doing unlawful damage to property which at the time of the offence belongs to that person's wife or husband, or for any attempt, incitement or conspiracy to commit such an offence, unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions:

Provided that—

(a)this subsection shall not apply to proceedings against a person for an offence—

(i)if that person is charged with committing the offence jointly with the wife or husband; or

(ii)if by virtue of any judicial decree or order (wherever made) that person and the wife or husband are at the time of the offence under no obligation to cohabit; and

(b)this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for an offence, or the remand in custody or on bail of a person charged with an offence, where the arrest (if without a warrant) is made, or the warrant of arrest issues on an information laid, by a person other than the wife or husband.

31Effect on civil proceedings and rights

(1)A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Act—

(a)from answering any question put to that person in proceedings for the recovery or administration of any property, for the execution of any trust or for an account of any property or dealings with property; or

(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 married after the making of the statement or admission) against the wife or husband 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.

32Effect 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 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 [1861 c. 96.] 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 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 (d) 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.

33Miscellaneous and consequential amendments, and repeal

(1)The [1953 c. 36.] 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 amendments 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 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 [1870 c. 52.] Extradition Act 1870 or in the Schedule to the [1873 c. 60.] Extradition Act 1873 shall affect the operation of that Schedule by reference 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

34Interpretation

(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.

35Commencement 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)Sections 27 and 28 of this Act 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.

36Short title, and general provisions as to Scotland and Northern Ireland

(1)This Act may be cited as the Theft Act 1968.

(2)The restrictions imposed by the [1920 c. 67.] 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.

SCHEDULES

Section 32.

SCHEDULE 1Offences of Taking, etc. Deer or Fish

Taking or killing deer

1(1)A person who unlawfully takes or kills, or attempts to take or kill, any deer in inclosed land where deer are usually kept shall on summary conviction be liable to a fine not exceeding fifty pounds or, for an offence committed after a previous conviction of an offence under this paragraph, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both.

(2)Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under this paragraph.

Taking or destroying fish

2(1)Subject to sub-paragraph (2) below, a person who unlawfully takes or destroys, or attempts to take or destroy, any fish in water which is private property or in which there is any private right of fishery shall on summary conviction be liable to a fine not exceeding fifty pounds or, for an offence committed after a previous conviction of an offence under this sub-paragraph, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both.

(2)Subparagraph (1) above shall not apply to taking or destroying fish by angling in the daytime (that is to say, in the period beginning one hour before sunrise and ending one hour after sunset); but a person who by angling in the daytime unlawfully takes or destroys, or attempts to take or destroy, any fish in water which is private property or in which there is any private right of fishery shall on summary conviction be liable to a fine not exceeding twenty pounds.

(3)The court by which a person is convicted of an offence under this paragraph may order the forfeiture of anything which, at the time of the offence, he had with him for use for taking or destroying fish.

(4)Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under sub-paragraph (1) above, and may seize from any person who is, or whom he, with reasonable cause, suspects to be, committing any offence under this paragraph anything which on that person's conviction of the offence would be liable to be forfeited under sub-paragraph (3) above.

Section 33(1),(2).

SCHEDULE 2Miscellaneous and Consequential Amendments

PART I

Amendments of [1953 c. 36.] Post Office Act 1953

1The Post Office Act 1953 shall have effect subject to the amendments provided for by this Part of this Schedule (and, except in so far as the contrary intention appears, those amendments have effect throughout the British postal area).

2Sections 22 and 23 shall be amended by substituting for the word " felony " in section 22(1) and section 23(2) the words " a misdemeanour", and by omitting the words " of this Act and " in section 23(1).

3In section 52, as it applies outside England and Wales, for the words from " be guilty" onwards there shall be substituted the words " be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding ten years ".

4In section 53 for the words from "be guilty" onwards there shall be substituted the words " be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding five years ".

5In section 54, as it applies outside England and Wales.—

(a)there shall be omitted the words " taking, embezzling ", and the words " taken, embezzled ", where first occurring ;

(b)for the words " a felony" there shall be substituted the words " an offence " and the word " feloniously " shall be omitted ;

(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 ".

6In 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 ".

7In 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 ".

8After section 65 there shall be inserted as a new section 65A—

“65AFraudulent use of public telephone or telex system.

If any person dishonestly uses a public telephone or telex system with intent to avoid payment (including any such system provided, under licence, otherwise than by the Postmaster General), he shall be guilty of a misdemeanour and be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both, or on conviction on indictment to imprisonment for a term not exceeding two years.”

9Section 69(2) shall be omitted.

10For section 70 there shall be substituted the following section—

“70Prosecution 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, 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.”

11In 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)”.

12In 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

PART III

Amendments limited to England and Wales

Section 33(3).

SCHEDULE 3Repeals

PART IPenal enactments superseded by this act

PART IIObsolete and redundant enactments

PART IIIConsequential repeals