Office of Public Sector Information
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 15 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(i), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 15A repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(ii), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 15B repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 3, Sch. 3; S.I. 2006/3200, art. 2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 16 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(iii), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
(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.
(1)Where an offence committed by a body corporate under section F1. . . 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.
F1Words in s. 18(1) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 4, Sch. 3; S.I. 2006/3200, art. 2
C1S. 18 applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(1)
(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.
(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)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 20(2) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(iv), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
(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.
C1S. 21 extended (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 1(1)(d), 8(2); S.I. 1991/1716, art. 2
(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.
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 [F1level 3 on the standard scale.]
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
(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 [F1, subject to subsection (5) below, by fraud (within the meaning of the Fraud Act 2006)] shall be regarded as stolen; and “steal”, “theft” and “thief” shall be construed accordingly.
[F2(5)Subsection (1) above 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.]
F1Words in s. 24(4) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 6(1) (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F2S. 24(5) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 6(2) (with Sch. 2 para. 4); S.I. 2006/3200, art. 2
C1S. 24(1) and (4) applied (25.8.2000) by 2000 c. 6, ss. 148(9), 168
(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.
[F2(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)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) below applies for purposes of provisions of this Act relating to stolen goods (including [F4subsection (2A)] above).
(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.
[F5(9) “Account” means an account kept with—
(a)a bank;
(b)a person carrying on a business which falls within subsection (10) below; 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) above 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) above—
(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.]]
F1S. 24A inserted (18.12.1996) by 1996 c. 62, s. 2
F2S. 24A(2A) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 7(1) (with Sch. 2 para. 5); S.I. 2006/3200, art. 2
F3S. 24A(3)(4) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1), Sch. 1 para. 7(1), Sch. 3 (with Sch. 2 para. 5; S.I. 2006/3200, art. 2
F4Words in s. 24A(7) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 7(2) (with Sch. 2 para. 5); S.I. 2006/3200, art. 2
F5S. 24A(9)-(12) substituted (15.1.2007) for s. 24(9) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 7(3) (with Sch. 2 para. 5); S.I. 2006/3200, art. 2
(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 [F1burglary 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 [F2burglary or theft] shall be evidence that he had it with him for such use.
(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For purposes of this section an offence under section 12(1) of this Act of taking a conveyance shall be treated as theft F4. . . .
F1Words in s. 25(1)(3) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 8(a); S.I. 2006/3200, art. 2
F2Words in s. 25(1) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1), Sch. 1 para. 8(a) (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F3S. 25(4) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174, 178, Sch. 7 para. 17, Sch. 17; S.I. 2005/3495, art. 2(m)(u)(xvii)
F4Words in s. 25(5) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 8(b), Sch. 3; S.I. 2006/3200, art. 2
(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.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where under this section a person is authorised to search premises for stolen goods, he may enter and search the premises accordingly, and may seize any goods he believes to be stolen goods.
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This section is to be construed in accordance with section 24 of this Act; and in subsection (2) above the references to handling stolen goods shall include any corresponding offence committed before the commencement of this act.
F1S. 26(2) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. I
F2S. 26(4) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
C1S. 26(3): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 10; S.I. 2003/708, art. 2
S. 26(3) modified (1.4.2003) by 2001 c. 16, ss. 55, 57(3), 68, 138(2), Sch. 1 Pt. 3 para. 92; S.I. 2003/708, art. 2
(1)Any number of persons may be charged in one indictment, with reference to the same theft, with having at different times or at the same time handled all or any of the stolen goods, and the persons so charged may be tried together.
(2)On the trial of two or more persons indicted for jointly handling any stolen goods the jury may find any of the accused guilty if the jury are satisfied that he handled all or any of the stolen goods, whether or not he did so jointly with the other accused or any of them.
(3)Where a person is being proceeded against for handling stolen goods (but not for any offence other than handling stolen goods), then at any stage of the proceedings, if evidence has been given of his having or arranging to have in his possession the goods the subject of the charge, or of his undertaking or assisting in, or arranging to undertake or assist in, their retention, removal, disposal or realisation, the following evidence shall be admissible for the purpose of proving that he knew or believed the goods to be stolen goods:—
(a)evidence that he has had in his possesion, or has undertaken or assisted in the retention, removal, disposal or realisation of, stolen goods from any theft taking place not earlier than twelve months before the offence charged; and
(b)(provided that seven days’ notice in writing has been given to him of the intention to prove the conviction) evidence that he has within the five years preceding the date of the offence charged been convicted of theft or of handling stolen goods.
(4)In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions:—
(a)a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and
(b)a statutory declaration shall only be admissible if at least seven days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the declaration.
[F1(4A)Where the proceedings mentioned in subsection (4) above are proceedings before a magistrates’ court inquiring into an offence as examining justices that subsection shall have effect with the omission of the words from “subject to the following conditions” to the end of the subsection.]
(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.
F1S. 27(4A) inserted (4.7.1996 but with effect as mentioned in Sch. 1 Pt. III para. 39) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 19 (with s. 78(1)); S.I. 1997/683, art. 1(2)
C1S. 27(4) applied (with modifications) (26.3.2001) by 2000 c. 26, s. 109(2); S.I. 2001/878, art. 2, Sch. (subject to transitional provisions and savings in art. 16)
F1S. 28 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1,2)
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1(2)In Schedule I to the M1 Magistrates’ Courts Act 1952 (which lists the indictable offences by adults which may be tried summarily with the consent of the accused) for paragraph 11 there shall be substituted:—
“11Any indictable offence under the Theft Act 1968 except—
robbery, aggravated burglary, blackmail and assault with intent to rob; and
burglary comprising the commission of, or an intention to commit, an offence which is not included in this Schedule; and
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
handling stolen goods from an offence not committed in the United Kingdom.”
F1S. 29(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
M11952 c. 55
X1The text of s. 29(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(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.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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, [F3or civil partner] 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 [F3or civil partner; F4. . .
(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; F5. . .[F6 or
(iii)an order (wherever made) is in force providing for the separation of that person and his or her civil partner.]]
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Theft Act 1968