Theft Act 1968

Enforcement and procedure E+W

26 Search for stolen goods. E+W

(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.

Textual Amendments

F1 S. 26(2) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. I

F2 S. 26(4) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Modifications etc. (not altering text)

C1 S. 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

27 Evidence and procedure on charge of theft or handling stolen goods. E+W

(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.

[F3 (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.

Textual Amendments

F3 S. 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)

Modifications etc. (not altering text)

C2 S. 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)

28 Orders for restitution. E+W

F4 (1) Where goods have been stolen, and either a person is convicted of any offence with reference to the theft (whether or not the stealing is the gist of his offence) or a person is convicted of any other offence but such an offence as aforesaid is taken into consideration in determining his sentence, the court by or before which the offender is convicted may on the conviction [F5 (whether or not the passing of sentence is in other respects deferred)] 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) the court may order that a sum not exceeding the value of the first-mentioned goods shall be paid, out of any money of the person convicted which was taken out of his possession on his apprehension, to any person who, if those goods were in the possession of the person convicted, would be entitled to recover them from him.

(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 person in whose favour the orders are made 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, the court may order that there shall be paid to the purchaser or lender, 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 purchaser or, as the case may be, the amount owed to the lender 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, [F6 and such written statements, depositions and other documents as were tendered by or on behalf of the prosecutor at any committal proceedings].

(5) Any order under this section shall be treated as an order for the restitution of property within the meaning of [F7 section 30 of the Criminal Appeal Act 1968 (which relates 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.

[F8 (7) An order may be made under this section in respect of money owed by the Crown.]

Textual Amendments

F4 S. 28(1)—(3) substituted by Criminal Justice Act 1972 (c. 71), Sch. 5

F5 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F6 Words in s. 28(4) substituted (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. 20 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F7 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 33

F8 S. 28(7) added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 163, Sch. 8 para. 16

Modifications etc. (not altering text)

C3 S. 28 amended by Criminal Justice Act 1972 (c. 71), s. 6; extended by Consumer Credit Act 1974 (c. 39), s. 119(2)

29 Jurisdiction of quarter sessions, and summary trial. E+W

F9 (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:—

“11 Any 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.”

Editorial Information

X1 The 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.

Textual Amendments

F9 S. 29(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

Marginal Citations

M1 1952 c. 55