 | This article provides insufficient context for those unfamiliar with the subject.(November 2022) |
Removing article from place open to the public [1] is a statutory offence in England and Wales and Northern Ireland.
| This article provides insufficient context for those unfamiliar with the subject.(November 2022) |
Removing article from place open to the public [1] is a statutory offence in England and Wales and Northern Ireland.
This offence is created by section 11(1) of the Theft Act 1968. Sections 11(1) to (3) of that Act read:
(1) Subject to subsections (2) and (3) below, where the public have access to a building in order to view the building or part of it, or a collection or part of a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to the public in the building or that part of it or in its grounds shall be guilty of an offence.
For this purpose "collection" includes a collection got together for a temporary purpose, but references in this section to a collection do not apply to a collection made or exhibited for the purpose of effecting sales or other commercial dealings.
(2) It is immaterial for purposes of subsection (1) above, that the public's access to a building is limited to a particular period or particular occasion; but where anything removed from a building or its grounds is there otherwise than as forming part of, or being on loan for exhibition with, a collection intended for permanent exhibition to the public, the person removing it does not thereby commit an offence under this section unless he removes it on a day when the public have access to the building as mentioned in subsection (1) above.
(3) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it. [2]
The following cases are relevant:
Edward Griew said that section 11(3) corresponds to sections 2(1)(a) and (b) (as to which, see dishonesty). [3]
This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952. [4]
This offence is triable either way. [5] A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, [6] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. [7]
The clause of the Theft Bill that became section 11 was popularly known as the "Goya clause". The name referred to the unauthorised removal of Goya's portrait of the Duke of Wellington from the National Gallery. [8]
Edward Griew said that the complexity of this offence is disproportionate to its importance. [9]
This offence is created by section 11(1) of the Theft Act (Northern Ireland) 1969. [10] Section 11 of that Act is derived from section 11 of the Theft Act 1968.
This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952. [11]
This offence is an indictable offence which may be tried summarily upon consent of the accused. [12] See hybrid offence.
A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, [13] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both. [14]
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft by its inherently violent nature ; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words of Germanic origin, from Common Germanic raub "theft".
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The Theft Act 1978 is an act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006.
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.
False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921.Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to malicious damage from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Malicious Injuries to Property Act 1827, incorporating subsequent statutes.
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods.
The Criminal Law Act 1977 is an act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.
Making off without payment is a statutory offence in England and Wales, Northern Ireland, Republic of Ireland and Hong Kong. It was first introduced on the recommendation of the Criminal Law Revision Committee and is intended to protect legitimate business concerns and applies where goods are supplied or a service is performed on the basis that payment will be made there and then. A taxi passenger who runs off without paying the fare at the end of the journey; and a motorist who fills up with petrol at a garage and drives off when the attendant is distracted. For these purposes, it must be proved that the defendant knew that payment on the spot was required or expected, and made off dishonestly with intent to avoid payment of the amount due.
Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still subsists in certain other common law jurisdictions which have copied the English criminal model.
Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland.
Burglary is a statutory offence in England and Wales.
The Official Secrets Act 1920 was an Act of the Parliament of the United Kingdom.
Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of bypassing an electricity meter, reconnecting a disconnected meter, or unlawfully obtaining a free telephone call. In Low v Blease [1975] Crim LR 513 it was held that electricity could not be stolen as it is not property within the meaning of section 4 of the Theft Act 1968. In one reported case in 2015 a man was arrested for abstracting electricity by charging his mobile telephone on a train, but was ultimately not charged. Before the Computer Misuse Act 1990 those who misused computers ("hackers") were charged with abstracting electricity, as no other law applied.
Evasion of liability by deception was formerly a statutory offence in England and Wales and Northern Ireland.
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
The Perjury Act 1911 is an act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).