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(5)F8Notwithstanding [F9section 6 of the Prosecution of Offences Act 1979] subsection (4) of this section shall apply—
(a)to an arrest (if without warrant) made by the wife or husband, [F3or civil partner and
(b)to a warrant of arrest issued on an information laid by the wife or husband [F3or civil partner .
F1S. 30 heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 27(4); S.I. 2005/3175, art. 2(2)
F2S. 30(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. V
F3Words in s. 30(4)(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 27(2); S.I. 2005/3175, art. 2(2)
F4S. 30: word at end of para. (a)(ii) of proviso repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1)(4), 263, Sch. 27 para. 27(3), Sch. 30; S.I. 2005/3175, art. 2(2)(6)
F5Word repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
F6S. 30: para. (a)(iii) and preceding word in proviso inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 262, Sch. 27 para. 27(3); S.I. 2005/3175, art. 2(2)
F7Proviso (4)(b) repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
F8S. 30(5) added by Criminal Jurisdiction Act 1975 (c. 59), Sch. 5 para. 2(1)
F9Words substituted by Prosecution of Offences Act 1979 (c. 31, SIF 39:1), Sch. 1
C1S. 30(1) applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(2)
C2S. 30(4) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94, Sch. 6 para. 1 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
(1)A person shall not be excused, by reason that to do so may incriminate that person or the [F1spouse or civil partner] 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 [F2married 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.
F1Words in s. 31 substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 28(a); S.I. 2005/3175, art. 2(2)
F2Words in s. 31 substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 28(b); S.I. 2005/3175, art. 2(2)
C1S. 31(1) applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(2)
(1)The following offences are hereby abolished for all purposes not relating to offences committed before the commencement of this Act, that is to say—
(a)any offence at common law of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour or office or franchise, false accounting by public officers, concealment of treasure trove and, except as regards offences relating to the public revenue, cheating; and
(b)any offence under an enactment mentioned in Part I of Schedule 3 to this Act, to the extent to which the offence depends on any section or part of a section included in column 3 of that Schedule;
but so that the provisions in Schedule 1 to this Act (which preserve with modifications certain offences under the M1Larcency Act 1861 of taking or killing deer and taking or destroying fish) shall have effect as there set out.
(2)Except as regards offences committed before the commencement of this Act, and except in so far as the context otherwise requires,—
(a)references in any enactment passed before this Act to an offence abolished by this Act shall, subject to any express amendment or repeal made by this Act, have effect as references to the corresponding offence under this Act, and in any such enactment the expression “receive” (when it relates to an offence of receiving) shall mean handle, and “receiver” shall be construed accordingly; and
(b)without prejudice to paragraph (a) above, references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, blackmail, burglary, aggravated burglary or handling stolen goods, shall be construed in accordance with the provisions of this Act, including those of section 24.
X1F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1(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.
X1(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 M1Extradition Act 1870 or in the Schedule to the M2Extradition 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 M3Extradition Act 1870 shall extend throughout the United Kingdom.
F1S. 33(1) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
M11870 c. 52.
M21873 c. 60.
M31870 c. 52.
X1The text of s. 33(1)–(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(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 [F1; and.
(c) “mail bag” and “postal packet” have the meanings given by section 125(1) of the Postal Services Act 2000.]]
F1S. 34(2)(c) and preceding word inserted (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 3(1), Sch. 1 para. 1
C1S. 34 applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(2)
(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)[F1Section 27 of this Act and section 148 of the Powers of Criminal Courts (Sentencing) Act 2000]shall apply in relation to proceedings for an offence committed before the commencement of this Act as they would apply in relation to proceedings for a corresponding offence under this Act, and shall so apply in place of any corresponding enactment repealed by this Act.
(3)Subject to subsection (2) above, no repeal or amendment by this Act of any enactment relating to procedure or evidence, or to the jurisdiction or powers of any court, or to the effect of a conviction, shall affect the operation of the enactment in relation to offences committed before the commencement of this Act or to proceedings for any such offence.
F1Words in s. 35(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168, Sch. 9 para. 35
(1)This Act may be cited as the Theft Act 1968.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This Act does not extend to Scotland or, F2. . . to Northern Ireland, except as regards any amendment or repeal which in accordance with section 33 above is to extend to Scotland or Northern Ireland.
Theft Act 1968