Theft Act 1968

General and consequential provisions U.K.

30 [F1 Spouses and civil partnersF1 ] E+W

(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, [F3 or civil partner]F3 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 [F3 or civil partner]F3 ; 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.]

F6 F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F8 Notwithstanding [F9 section 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, [F3 or civil partner]F3 and

(b) to a warrant of arrest issued on an information laid by the wife or husband [F3 or civil partner]F3 .

Textual Amendments

F1 S. 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)

F2 S. 30(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. V

F3 Words 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)

F4 S. 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)

F5 Word repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I

F6 S. 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)

F7 Proviso (4)(b) repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I

F8 S. 30(5) added by Criminal Jurisdiction Act 1975 (c. 59), Sch. 5 para. 2(1)

F9 Words substituted by Prosecution of Offences Act 1979 (c. 31, SIF 39:1), Sch. 1

Modifications etc. (not altering text)

C1 S. 30(1) applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(2)

C2 S. 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)

31 Effect on civil proceedings and rights. E+W

(1) A person shall not be excused, by reason that to do so may incriminate that person or the [F10 spouse or civil partner]F10 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 [F11 married or became civil partners after the making of the statement or admission) against the spouse or civil partner]F11 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.

Textual Amendments

F10 Words 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)

F11 Words 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)

Modifications etc. (not altering text)

C3 S. 31(1) applied by Theft Act 1978 (c. 31, SIF 39:6), s. 5(2)

32 Effect on existing law and construction of references to offences. E+W

(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 M1 Larcency 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.

Marginal Citations

M1 1861 c. 96.

33 Miscellaneous and consequential amendments, and repeal. E+W

X1 F12 (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 M2 Extradition Act 1870 or in the Schedule to the M3 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 M4 Extradition Act 1870 shall extend throughout the United Kingdom.

Editorial Information

X1 The 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.

Textual Amendments

F12 S. 33(1) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

Marginal Citations

M2 1870 c. 52.

M3 1873 c. 60.

M4 1870 c. 52.