Theft Act 1968

SCHEDULES

Section 32.

SCHEDULE 1 E+W Offences of Taking, etc. Deer or Fish

F1 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 1 repealed by Deer Act 1980 (c. 49, SIF 4:3), s. 9(2)

Taking or destroying fish E+W

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) Sub-paragraph (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 [F2 level 1 on the standard scale.]

(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) [F3 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.F3 F3 ]

Textual Amendments

F2 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F3 Sch. 1 para. 2(4) ceases to have effect in part (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 38; S.I. 2005/3495, art. 2(1)(m)

Modifications etc. (not altering text)

C1 Sch. 1 para. 2(1): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Section 33(1),(2).

X1 SCHEDULE 2 U.K. Miscellaneous and Consequential Amendments

Editorial Information

X1 The text of Schedule 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F4 Part I U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 Pt. I repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

PART II U.K. Other amendments extending beyond England and Wales

Act Amended	Amendment
F6 . . .	F6 . . .
The Public Stores Act 1875 (38 & 39 Vict. c. 25)	For section 12 (incorporation of parts of Larceny Act 1861) there shall be substituted:—
	(1) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, in the act of committing or attempting to commit an offence against section 5 or 8 of this Act.
	(2) 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 stores in respect of which an offence against section 5 of this Act has been committed, the justice may issue a warrant to a constable to search for and seize the stores as in the case of stolen goods, and the M1 Police (Property) Act 1897 shall apply as if this subsection were among the enactments mentioned in section 1(1) of that Act.
The Army Act 1955 (3 & 4 Eliz. 2. c. 18)	For section 44(1)(b) there shall be substituted—
	(b) handles any stolen goods, where property stolen was public or service property, or.
	For section 45(b) there shall be substituted—
	(b) handles any stolen goods, where the property stolen belonged to a person subject to military law, or
	In section 138(1) for the words from “receiving” to “stolen” there shall be substituted the words “handling it”.
	In section 225(1) after the definition of “Governor” there shall be inserted—
	“handles”has the same meaning as in the Theft Act 1968;
	and for the definition of steals there shall be substituted—
	“steals” has the same meaning as in the Theft Act 1968, and references to stolen goods shall be construed as if contained in that Act.
The Air Force Act 1955 (3 & 4 Eliz. 2. c. 19)	The same amendments shall be made in sections 44, 45, 138 and 223 as are above directed to be made in the corresponding sections of the Army Act 1955, except that in the amendment to section 45(b) “air-force law” shall be substituted for “military law”.
The Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53)	For section 29(b) there shall be substituted—
	(b) handles any stolen goods, where the property stolen was public or service property, or.
	In section 76(1) for the words from “receiving” to “embezzling” there shall be substituted the word “handling”.
	In section 135(1) the same amendments shall be made as are above directed to be made in section 225(1) of the Army Act 1955.
The Army and Air Force Act 1961 (9 & 10 Eliz. 2. c. 52)	Section 21 shall be omitted.

Textual Amendments

F6 Entry relating to the Extradition Act 1873 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

Marginal Citations

M1 1897 c. 30.

PART III E+W Amendments limited to England and Wales

Act Amended	Amendment
F7 ...	F7 ...
F7 ...	F7 ...
F8 . . .	F8 . . .
The House to House Collections Act 1939 (2 & 3 Geo. 6. c. 44)	In the Schedule (offences for which a conviction is a ground for refusing or revoking a licence under the Act to promote a collection for charity) for the entry relating to the Larceny Act 1916 there shall be substituted:— “Robbery, burglary and blackmail”.
The Magistrates’ Court Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 55)	In Schedule 1 for paragraph 8 there shall be substituted— “8. Offences under sections 53 and 55 to 58 of the M2 Post Office Act 1953”.
The Visiting Forces Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 67)	In the Schedule there shall be inserted in paragraph 1(a) after the word “buggery” the word “robbery”, and in paragraph 3 there shall be added at the end— “(g) the Theft Act 1968, except section 8 (robbery)”.
The Finance Act 1965 (1965 c. 25)	In Schedule 10, in the Table in paragraph 1, for the words “Sections 500 to 505” there shall be substituted the words “Sections 500 to 504”.
The Finance Act 1966 (1966 c. 18)	In Schedule 6, in paragraph 13, for the words “Sections 500 to 505” there shall be substituted the words “Sections 500 to 504”, and the words from “together with” to “the said section 505” shall be omitted.
The Firearms Act 1968 (1968 c. 27)	Schedule I (offences in connection with which possession of a firearm is an offence under section 17(2)) shall be amended, except in relation to a person’s apprehension for an offence committed before the commencement of this Act, by substituting for paragraph 4— “4. Theft, burglary, blackmail and any offence under section 12(1) (taking of motor vehicle or other conveyance without owner’s consent) of the Theft Act 1968”: by omitting paragraph 7: and by substituting in paragraph 8 for the words “paragraphs I to 7” the words “paragraphs I to 6”.

Textual Amendments

F7 Sch. 2 Pt. III: entry relating to the Gaming Act 1845 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356(4), 368, Sch. 17; S.I. 2006/3272, art. 2(4) (with savings in art. 4) (with transitional provisions in Sch. 4)

F8 Entry relating to the Bankruptcy Act 1914 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 9 para. 11, Sch. 10

Marginal Citations

M2 1953 c. 36.

Section 33(3).

X2 SCHEDULE 3 E+W+S Repeals

Editorial Information

X2 The text of Schedule 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.

Part I E+W+S Penal Enactments superseded by this Act

Session and Chapter	Short Title	Extent of Repeal
3 Edw. 1.	The Statute of Westminster the First.	Chapters 26 and 31.
15 Geo. 2. c. 33	The Starr and Bent Act 1741.	The whole Act.
22 Geo. 2. c. 27	The Frauds by Workmen Act 1748.	The whole Act.
17 Geo. 3. c. 11	The Worsted Act 1776.	In section 12 the words from “or shall conceal” to “other purposes”.
17 Geo. 3. c. 56	The Frauds by Workmen Act 1777.	The Whole Act.
50 Geo. 3. c. 59	The Embezzlement by Collectors Act 1810.	The Whole Act, so far as unrepealed.
55 Geo. 3. c. 50.	The Gaol Fees Abolition Act 1815.	The whole Act.
5 Geo. 4. c. 83.	The Vagrancy Act 1824.	In section 4 the words from “having in his or her custody” to “outbuilding, or,” together with the words “and every such picklock key, crow, jack, bit, and other implement.”
7 Geo. 4. c. 16	The Chelsea and Kilmainham Hospitals Act 1826.	Section 25.
		Section 34 from “and, if any pensioner” onwards, except the words from “such mark, stamp or brand” to “to commissioners”, where next occuring.
		Section 38.
2 & 3 Vict. c. 47.	The Metropolitan Police Act 1839.	Sections 26, 27, 28, 30 and 31.
2 & 3 Vict. c. 71.	The Metropolitan Police Courts Act 1839.	Section 26.
3 & 4 Vict. c. 50	The Canals (Offences) Act 1840.	Sections 7 and 8.
3 & 4 Vict. c. 84	The Metropolitan Police Courts Act 1840.	Section 11.
6 & 7 Vict. c. 40.	The Hosiery Act 1843.	The whole Act, except sections 18 to 20.
10 & 11 Vict. c. 16	The Commissioners Clauses Act 1847.	In section 67 the words “exact or”.
24 & 25 Vict. c. 96.	The Larceny Act 1861.	The whole Act.
24 & 25 Vict. c. 98	The Forgery Act 1861.	Section 3.
26 & 27 Vict. c. 103.	The Misappropriation by Servants Act 1863.	The whole Act.
28 & 29 Vict. c. 124.	The Admiralty Powers, &c Act 1865.	Sections 6 to 9, together with the words “of all offences specified in this Act, and” in section 5.
32 & 33 Vict. c. 62.	The Debtors Act 1869.	In section 13, paragraph (1).
33 & 34 Vict. c. 58.	The Forgery Act 1870.	The whole Act, so far as unrepealed.
34 & 35 Vict. c. 41.	The Gas Works Clauses Act 1871.	In section 38, as incorporated in the Electric Lighting Act 1882, the words “or fraudulently abstracts, consumes or uses gas of the undertakers”, the words “or for abstracting, consuming or using gas of undertakers” and the words “abstraction or consumption”.
37 & 38 Vict. c. 36.	The False Personation Act 1874.	The whole Act.
38 & 39 Vict. c. 24.	The Falsification of Accounts Act 1875.	The whole Act.
38 & 39 Vict. c. 89.	The Public Works Loans Act 1875.	Section 44.
47 & 48 Vict. c. 55.	The Pensions and Yeomanry Pay Act 1884.	Section 3.
50 & 51 Vict. c. 55.	The Sheriffs Act 1887.	In section 29, subsection (2)(b) and in subsection (6) the words from “or demands” to “office”.
50 & 51 Vict. c. 71.	The Coroners Act 1887.	In section 8(2) the words “of extortion or”.
54 & 55 Vict. c. 36.	The Consular Salaries and Fees Act 1891.	Section 2(3).
57 & 58 Vict. c. 60.	The Merchant Shipping Act 1894.	In section 154 paragraph (d), and in paragraph (e) the words “or representation” and the words “or made.”
		In section 197(8) paragraph (d).
		Section 248.
		Section 388(5) from “and if” onwards.
		In section 724(4) the words “demands or”.
61 & 62 Vict. c. 57.	The Elementary School Teachers (Superannuation) Act 1898.	Section 10.
62 & 63 Vict. c. 19.	The Electric Lighting (Clauses) Act 1899.	In the Schedule, in section 38 of the Gasworks Clauses Act 1871 as set out in the Appendix, the words “or fraudulently abstracts, consumes or uses gas of the undertakers”, the words “or for abstracting, consuming or using gas of undertakers” and the words “abstraction or consumption” (these repeals having effect for the purposes of the Schedule as incorporated with the Electricity Act 1947 or any other enactment).
6 Edw. 7. c. 48.	The Merchant Shipping Act 1906.	Section 28(10) from “and if” onwards.
4 & 5 Geo. 5. c. 59.	The Bankruptcy Act 1914.	In section 154(1), paragraphs (13) and (14).
		In section 156, paragraph (a).
		Section 160.
5 & 6 Geo. 5. c. 83.	The Naval and Military War Pensions, etc. Act 1915	Section 5.
6 & 7 Geo. c. 50.	The Larceny Act 1916.	The whole Act (but the repeal of section 39(2) and (3) shall not extend to Scotland).
9 & 10 Geo. 5 c. 75.	The Ferries (Acquisition by Local Authorities) Act 1919.	Section 4 from “If any” onwards.
10 & 11 Geo. 5. c. 36.	The Pensions (Increase) Act 1920.	Section 5.
11 & 12 Geo. 5 c. 39.	The Admiralty Pensions Act 1921.	Section 1(2).
11 & 12 Geo. 5. c. 49.	The War Pensions Act 1921.	Section 7(2).
19 & 20 Geo. 5. c. 29.	The Government Annuities Act 1929.	Section 34.
		Section 61(2).
		Section 64.
23 & 24 Geo. 5. c. 51.	The Local Government Act 1933.	In section 123, in subsection (2), the words “exact or” and, in subsection (3), the words “any of”.
2 & 3 Geo. 6. c. 82	The Personal Injuries (Emergency Provisions) Act 1939.	Section 6.
2 & 3 Geo. 6. c. 83.	The Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939.	Section 8.
5 & 6 Geo. 6. c. 28.	The War Damage (Amendment) Act 1942.	Section 3.
6 & 7 Geo. 6. c. 21.	The War Damage Act 1943.	Section 112.
7 & 8 Geo. 6. c. 21.	The Pensions (Increase) Act 1944.	Sections 6 and 7.
8 & 9 Geo. 6. c. 42.	The Water Act 1945.	In Schedule 3, section 65(2): in section 66(1) the words “or fraudulently abstracts or uses water of the undertakers”: in section 66(2) the words “or for enabling him fraudulently to abstract or use water” and the words from “or as” onwards.
10 & 11 Geo. 6. c. 41.	The Fire Services Act 1947.	In section 26(4) the words from “by means of” to “infirmity or”, where next occurring, and the words “or by any other fraudulent conduct”.
11 & 12 Geo. 6. c. 24.	The Police Pensions Act 1948.	In section 7(2) the words from “by means of” to “infirmity or”, where next occurring, and the words “or by any other fraudulent conduct”.
11 & 12 Geo. 6. c. 38.	The Companies Act 1948.	Section 84.
		In section 328(1), paragraphs (m) and (n) and any reference to either of those paragraphs.
		Section 330(a).
11 & 12 Geo. 6. c. 67.	The Gas Act 1948.	In Schedule 3, in paragraph 29(1), the words “or fraudulently abstracts, consumes or uses gas of the Board,” and in paragraph 29(3) the words “or for abstracting, consuming or using gas of the Board” and the words “abstraction or consumption”.
14 Geo. 6. c. 36.	The Diseases of Animals Act 1950.	Section 78(2)(x).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 10.	The Income Tax Act 1952.	Section 505 (but this repeal shall not extend to Scotland).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 25.	The National Health Service Act 1952.	In section 6 the words from “he shall” to “section”.
15 & 16 Geo. 6. & 1 Eliz 2. c. 43.	The Disposal of Uncollected Goods Act 1952.	In section 3(3) the words from “or who” to “particular”.
1 & 2 Eliz. 2. c. 36.	The Post Office Act 1953.	Sections 52 and 54 and in section 57 the words “steals, or for any purpose whatever embezzles” (but these repeals shall not extend to Scotland).
1 & 2 Eliz. 2. c. 50.	The Auxillary Forces Act 1953.	Section 29(2).
4 & 5 Eliz. 2. c. 16.	The Foods and Drugs Act 1955.	Section 60, so far as unrepealed.
7 & 8 Eliz. 2. c. 28.	The Income Tax (Repayment of Post-War Credits) Act 1959.	Section 1(6) (but this repeal shall not extend to Scotland).
8 & 9 Eliz. 2. c. 16.	The Road Traffic Act 1960.	Section 217 (but this repeal shall not extend to Scotland).
1964 c. 28.	The Agriculture and Horticulture Act 1964.	In the Schedule, paragraph 3 from the words “or on conviction on indictment” onwards.
1966 c. 32.	The Selective Employment Payments Act 1966.	Section 8(2)(a), (b) and (d) and (ii)
1966 c. 34.	The Industrial Development Act 1966.	Section 9.
1967 c. 1.	The Land Commission Act 1967.	Section 81(5)(a).
		Section 93.
		Section 93.
1967 c. 9.	The General Rate Act 1967.	Section 49(8).
1967 c. 12.	The Teachers’ Superannuation Act 1967.	Section 14.
1967 c. 22.	The Agriculture Act 1967.	Section 69(1)(ii).
1967 c. 29.	The Housing Subsidies Act 1967.	Section 31.
1967 c. 34.	The Industrial Injuries and Diseases (Old Cases) Act 1967.	In section 12(2) the words “section 11(1) of this Act”.
1967 c. 85.	The Vessels Protection Act 1967.	The whole Act.

Part II E+W+S Obsolete and Redundant Enactments

Session and Chapter	Short Title	Extent of Repeal
34 & 35 Hen. 8. c. 26.	The Laws in Wales Act 1542.	Section 47 from “Item, that no person” onwards.
36 Geo. 3. c. 88.	The Hay and Straw Act 1796.	The whole Act.
5 Geo. 4. c. 83.	The Vagrancy Act 1824	Sections 16 and 21.
4 & 5 Will. 4. c. 21.	The Hay and Straw Act 1834.	The whole Act.
3 & 4 Vict. c. 50.	The Canals (Offences) Act 1840.	Sections 13, 15, 17 and 19.
14 & 15 Vict. c. 19.	The Prevention of Offences Act 1851.	Sections 12 and 13.
18 & 19 Vict. c. 126.	The Criminal Justice Act 1855.	The whole Act, so far as unrepealed.
19 & 20 Vict. c. 114.	The Hay and Straw Act 1856.	The whole Act.
32 & 33 Vict. c. 57.	The Seamen’s Clothing Act 1869.	The whole Act.
33 & 34 Vict. c. 65.	The Larceny (Advertisements) Act 1870.	The whole Act.
34 & 35 Vict. c. 112.	The Prevention of Crimes Act 1871.	Sections 10 and 11.
39 & 40 Vict. c. 20.	The Statute Law Revision (Substituted Enactments) Act 1876.	Section 4.
59 & 60 Vict. c. 25	The Friendly Societies Act 1896	Section 87(2).
61 & 62 Vict. c. 36.	The Criminal Evidence Act 1898.	In the Schedule, the entries for the Vagrancy Act 1824 and for the Prevention of Cruelty to Children Act 1894.
4 & 5 Geo. 5. c. 14.	The Currency and Bank Notes Act 1914.	The whole Act.

Part III E+W+S Consequential Repeals

Session and Chapter	Short Title	Extent of Repeal
2 & 3 Vict. c. 47.	The Metropolitan Police Act 1839.	Section 66 from “and any person” onwards.
2 & 3 Vict. c. 71.	The Metropolitan Police Courts Act 1839.	Section 25.
3 & 4 Vict. c. 50.	The Canals (Offences) Act 1840.	Section 11 from the beginning to “law; and”.
33 & 34 Vict. c. 52.	The Extradition Act 1870	In Schedule 1 the entries relating to embezzlement and larceny, to obtaining money or goods by false pretences, to fraud by bailees and others, to burglary and housebreaking, to robbery with violence and to threats by letter or otherwise with intent to extort.
35 & 36 Vict. c. 93.	The Pawnbrokers Act 1872.	In section 30, paragraph (2) (but this repeal shall not extend to Scotland).
38 & 39 Vict. c. 83.	The Local Loans Act 1875.	Sections 32.
40 & 41 Vict. c. 59	The Colonial Stock Act 1877.	Section 21.
45 & 46 Vict. c. 75.	The Married Women’s Property Act 1882.	Sections 12 and 16, so far as unrepealed
47 & 48 Vict. c. 14.	The Married Women’s Property Act 1884.	The whole Act.
47 & 48 Vict. c. 44.	The Naval Pensions Act 1884.	In section 2 the words “or the Admiralty (Powers, etc.) Act 1865”.
56 & 57 Vict. c. 71.	The Sale of Goods Act 1893.	Section 24.
60 & 61 Vict. c.30.	The Police (Property) Act 1897.	In section 1(1), the words “section 103 of the Larceny Act 1861”.
61 & 62 Vict. c. 36.	The Criminal Evidence Act 1898.	In the Schedule the entry for the Married Women’s Property Act 1882.
16 & 17 Geo. 5. c. 7.	The Bankruptcy (Amendment) Act 1926.	In section 5 the words “(13), (14) and” wherever occurring.
25 & 26 Geo. 5. c. 30.	The Law Reform (Married Women and Tortfeasors) Act 1935.	In Schedule 1 the entries amending section 12 of the Married Women’s Property Act 1882 and the Larceny Act 1916.
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	In section 41, subsection (3), in subsection (4) the words “or statutory declaration” and the words from “or the person” onwards.
12, 13 & 14 Geo. 6. c. 36.	The War Damage (Public Utility Undertakings, etc.) Act 1949.	Section 10(9)(e).
14 & 15 Geo. 6. c. 39.	The Common Informers Act 1951.	In the Schedule the entry relating to the Larceny Act 1861 section 102.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 45.	The Pensions (Increase) Act 1952.	In Schedule 3 the entries for sections 6 and 7 of 7 & 8 Geo. 6. c. 21.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.	The Magistrates’ Courts Act 1952.	Section 33.
		In Schedule 1, entries Nos. 1, 5 and 6.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 67.	The Visiting Forces Act 1952.	In the Schedule, paragraph 1(b)(v) and paragraph 3(a), (d) and (e).
1 & 2 Eliz. 2. c. 36.	The Post Office Act 1953.	In section 23(1), the words “and of the Larceny Act 1916”.
8 & 9 Eliz. 2. c. 44.	The Finance Act 1960.	Section 55 (but this repeal shall not extend to Scotland).
10 & 11 Eliz. 2. c. 15.	The Criminal Justice Administration Act 1962.	In Schedule 3, paragraphs 4, 5, 6 and 8.
10 & 11 Eliz. 2. c. 46.	The Transport Act 1962.	In Part I of Schedule 2 the entry for the Criminal Justice Act 1948.
10 & 11 Eliz 2. c. 59.	The Road Traffic Act 1962.	Section 44 (but this repeal shall not extend to Scotland).
1964 c. 26.	The Licensing Act 1964.	Section 100(4)(d).
1967 c. 58.	The Criminal Law Act 1967.	Section 4(7).
		In Schedule 1, in List A, item 1 in Division II, and, in List B, item 13.
		In Schedule 2, paragraph 2(1)(a); in paragraph 4 the word “embezzlement”; paragraph 12, except in subparagraph (2) the words from “in the Bankruptcy Act” onwards and except subparagraph (6); and paragraph 13(1)(b).
1968 c.19.	The Criminal Appeal Act 1968.	In section 30, in subsection (1) the words from “and the operation” to “on conviction”, in subsection (2) the words “or of section 24(1) of the Sale of Goods Act 1893” and the words “or that subsection, as the case may be”, and in subsection (3) the words “or of the said section 24(1)”.
		Section 42(4).
1968 c. 27.	The Firearms Act 1968.	In section 17, subsection (3) and in subsection (5) the words from “and” onwards.