The Larceny Act 1861 (24 & 25 Vict. c. 96) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was). It consolidated provisions related to larceny and similar offences from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act,[3] 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 Larceny Act 1827(7 & 8 Geo. 4. c. 29) (and the equivalent Irish Act), incorporating subsequent statutes.[4]
The words from "the term 'trustee'" to "bankruptcy or insolvency", and from "for the purposes of this Act, the night" to "succeeding day" were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 2 - All larcenies to be of the same nature
Davis said that the marginal note to this section ("all larcenies to be of the same nature") was "imperfect" and that this was "obvious".[5]
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 3 - Bailees fraudulently converting property guilty of larceny
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 4 - Punishment for simple larceny
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 5 - Three larcenies within six months may be charged in one indictment
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 6 - Where a single taking is charged and several takings at different times are proved
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 7 - Larceny after a conviction for felony
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 8 - Larceny after conviction of an indictable misdemeanour under this Act
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 9 - Larceny after two summary convictions
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to larceny of cattle or other animals
Section 10 - Stealing horses, cows, sheep etc.
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 11 - Killing animals with intent to steal the carcase etc.
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 12 - Stealing deer in an uninclosed part of a forest
Section 13 - Stealing deer in any inclosed ground
Section 14 - Suspected persons found in possession of venison etc. and not satisfactorily accounting for it
Section 15 - Setting engines for taking deer or pulling down park fences
Section 16 - Deer keepers may seize the guns etc. of offenders who, on demand, do not deliver up the same
Section 17 - Killing etc. hares or rabbits in a warren
Section 18 - Stealing dogs
The words from "and whosever" to the end were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 19 - Possession of stolen dogs
The words from "and whosoever" to the end were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 20 - Taking money to restore dogs
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 21 - Stealing beasts or birds ordinarily kept in confinement and not the subject of larceny
Section 22 - Persons found in possession of stolen beasts etc. liable to penalties
Section 23 - Killing pigeons
Section 24 - Taking fish in any water situate in any land belonging to a dwellinghouse or in a private fishery elsewhere
Section 25 - The tackle of fishers may be seized
Section 26 - Stealing or dredging for oysters in oyster fisheries
The words from the beginning of the section to "simple larceny and" were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to larceny of written instruments
Section 27 - Bonds, bills, notes etc.
The words "shall steal or" were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 28 - Deeds etc. relating to real property
The words "shall steal or" were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 29 - Testator
Section 30 - Stealing records or other legal documents
The words "shall steal or" were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to larceny of things attached to or growing on land
Section 31 - Metal, glass, wood, etc. fixed to house or land
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 32 - Trees in pleasure grounds of the value of 1l or elsewhere of the value of 5l
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 33 - Stealing trees, shrubs etc.
The words from "and whosever having been twice convicted" to the end of the section were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 34 - Stealing etc. any live or dead fence, wooden fence, stile or gate
Section 35 - Suspected persons in possession of wood etc. not satisfactorily accounting for it
Section 36 - Stealing etc. any fruit or vegetable in a garden etc. punishable on summary conviction for first offence
The words from "and whosever" to the end of the section were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 37 - Stealing etc. vegetable productions, not growing in gardens
As to larceny from mines
Section 38 - Ore of metal, coal etc.
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 39 - Miners removing ore with intent to defraud
As to larceny from the person and other like offences
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 52 - Burglary
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 53 - What building within the curtailage shall be deemed part of the dwelling-house
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 54 - Entering a dwelling-house in the night with intent to commit any felony
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 55 - Breaking into any building within the curtailage which is no part of the dwelling-house and committing any felony
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 56 - Breaking into any shop, house, warehouse etc., and committing any felony
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 57 - Housebreaking etc. with intent to commit any felony
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 58 - Being armed with intent to break and enter any house in the night
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 59 - The like, after a previous conviction for felony etc.
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to larceny in the house
Section 60 - Stealing in a dwelling-house to the value of 5l
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 61 - Stealing in a dwelling-house with menaces
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to larceny in manufactories
Section 62 - Stealing goods in the process of manufacture
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to larceny in ships, wharfs etc
Section 63 - Stealing from ships, docks, wharfs, etc.
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 64 - Stealing from a ship in distress or wrecked
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 65 - Persons in possession of shipwrecked goods not giving a satisfactory account
Section 66 - If any person offers shipwrecked goods for sale, the goods may be seized, etc.
As to larceny or embezzlement by clerks, servants or persons in the public service
Section 67 - Larceny by clerks or servants
Section 68 - Embezzlement by clerks or servants
Section 69 - Larceny by persons in the Queen's service, or by the police
Section 70 - Embezzlement by persons in the Queen's service, or by the police
Section 71 - Distinct acts of embezzlement may be charged in the same indictment
Section 72 - Persons indicted for embezzlement as a clerk etc., not to be acquitted if the offence turn out to be larceny and vice versa
Section 73 - Ebezzlement by officers of the Bank of England or Ireland
As to larceny by tenants or lodgers
Section 74 - Tenant or lodger stealing chattel or fixture let to hire with house or lodgings
As to frauds by agents, bankers or factors
Section 75 - Agent, banker etc., embezzling money or selling securities etc., entrusted to him
Section 76 - Bankers etc. fraudulently selling etc. property entrusted to their care
Section 77 - Persons under powers of attorney fraudulently selling property
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 78 - Factors obtaining advances on the property of their principals
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 79 - Definitions of terms
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 80 - Trustees fraudulently disposing of property, guilty of a misdemeanour
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 81 - Directors etc. of any body corporate or public company fraudulently appropriating property
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 82 - Or keeping fraudulent accounts
Section 83 - Or wilfully destroying books, etc.
Section 84 - Or publishing fraudulent statements
Section 85 - No person to be exempt from answering questions in any court, but no person making a disclosure in any compulsory proceeding to be liable to prosecution
Section 86 - No remedy at law or in equity shall be affected
Section 87 - Certain misdemeanours not triable at sessions
As to obtaining money etc by false pretences
Section 88 - False pretences
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 89 - Where money or thing is caused to be paid or delivered to any person other than the person making a false pretence
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 90 - Inducing persons by fraud to execute deeds and other instruments
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
As to receiving stolen goods
Section 91 - Receiving, where the principal is guilty of felony
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 92 - Indictment for stealing and receiving
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 93 - Separate receivers may be included in the same indictment in the absence of a principal
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 94 - On an indictment for jointly receiving, persons may be convicted of separately receiving
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 95 - Receiving, where the principal has been guilty of a misdemeanour
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 96 - Receiver where triable
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 97 - Receivers of property, where the original offence is punishable on summary conviction
Section 98 - Principals in the second degree and accessories
The words "except only a receiver of stolen property" were repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 99 - Abettors in offences punishable on summary conviction
As to restitution and recovery of stolen property
Section 100 - The owner of stolen property prosecuting thief or receiver to conviction shall have restitution of his property
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 101 - Taking a reward for helping to the recovery of stolen property without bringing the offender to trial
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 102 - Advertising a reward for the return of stolen property etc.
This section is replaced for England and Wales by section 23 of the Theft Act 1968.[6]
As to the apprehension of offenders and other proceedings
Section 103 - A person in the act of committing any offence may be apprehended without warrant
Section 104 - A person loitering at night and suspected of any felony against this Act may be apprehended
Section 105 - Mode of compelling the appearance of persons punishable on summary conviction
Section 106 - Application of forfeitures and penalties on summary convictions
Section 107 - If a person summarily convicted shall not pay etc., the Justice may commit him
Section 108 - Justice may discharge the offender in certain circumstances
Section 109 - A summary conviction shall be a bar to any other proceeding for the same cause
Section 110 - Appeal
Section 111 - No certiorari etc.
Section 112 - Convictions to be returned to the Quarter Sessions
Section 113 - Venue, in proceedings against persons acting under this Act
Section 114 - Stealers of property in one part of the United Kingdom who have the same in any other part of the United Kingdom may be tried and punished in that part of the United Kingdom where they have the property
This section was repealed by section 48(1) of, and the Schedule to, the Larceny Act 1916.
Section 115 - Offences committed within the jurisdiction of the Admiralty
Section 116 - Form of indictment for a subsequent offence
Section 117 - Fine, and sureties for keeping the peace; in what cases
Section 118 - Hard labour
Section 119 - Solitary confinement and whipping
Section 120 - Summary proceedings may be under the 11 & 12 Vict c 43 and in Ireland under 14 & 15 Vict c 93
Section 121 - The costs of the prosecutions of misdemeanors against this Act may be allowed
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. Someone who carries out an act of theft may be described 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".
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.
Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physical, it is often called desecration. In a less proper sense, any transgression against what is seen as the virtue of religion would be a sacrilege, and so is coming near a sacred site without permission.
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
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.
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 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.
Burglary is a statutory offence in England and Wales.
The Indictments Act 1915 is an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point where some barristers specialised entirely in drawing up indictments. During the nineteenth century several Acts were passed by Parliament to correct this problem, but none were entirely successful. In 1913 Lord Haldane created a committee to draw up a draft bill reforming the law of indictments, which became the Indictments Act 1915.
The Official Secrets Act 1920 was an Act of the Parliament of the United Kingdom.
The Forgery Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to forgery 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 Forgery Act 1830, incorporating subsequent statutes.
The Accessories and Abettors Act 1861 is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutory English criminal law related to accomplices, including many classes of encouragers (inciters). Mainly its offences were, according to the draftsman of the Act, replacement enactments with little or no variation in 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 collected the relevant parts of Peel's Acts and others.
The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.
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.
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 Larceny Act 1901 was an Act of the Parliament of the United Kingdom. It created offences of fraudulent conversion.
The Statute Law Revision Act 1876 is an Act of the Parliament of the United Kingdom.
The Criminal Law Act 1827 was an Act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967.
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