Professional Documents
Culture Documents
effects for the Theft Act 1968. (See end of Document for details)
Definition of “theft”
1 Basic definition of theft.
2 “Dishonestly”
3 “Appropriates”.
4 “Property”.
5 “Belonging to another”.
6 “With the intention of permanently depriving the other of it”.
Supplementary
34 Interpretation.
35 Commencement and transitional provisions.
36 Short title, and general provisions as to Scotland and Northern Ireland.
SCHEDULES
SCHEDULE 1 — Offences of Taking, etc. Deer or Fish
1 . . . . . . . . . ....
2 Taking or destroying fish
SCHEDULE 3 — Repeals
Part I — PENAL ENACTMENTS SUPERSEDED BY THIS ACT
Part II — OBSOLETE AND REDUNDANT ENACTMENTS
Part III — CONSEQUENTIAL REPEALS
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
An Act to revise the law of England and Wales as to theft and similar or associated
offences, and in connection therewith to make provision as to criminal proceedings by
one party to a marriage against the other, and to make certain amendments extending
beyond England and Wales in the Post Office Act 1953 and other enactments; and for
other purposes connected therewith. [26th July 1968]
Commencement Information
I1 Act wholly in force at 1.1.1969, see s. 35(1)
Definition of “theft”
2 “Dishonestly”
(1) A person’s appropriation of property belonging to another is not to be regarded as
dishonest—
(a) if he appropriates the property in the belief that he has in law the right to
deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the other’s
consent if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative)
if he appropriates the property in the belief that the person to whom the
property belongs cannot be discovered by taking reasonable steps.
(2) A person’s appropriation of property belonging to another may be dishonest
notwithstanding that he is willing to pay for the property.
3 “Appropriates”.
(1) Any assumption by a person of the rights of an owner amounts to an appropriation, and
this includes, where he has come by the property (innocently or not) without stealing
it, any later assumption of a right to it by keeping or dealing with it as owner.
(2) Where property or a right or interest in property is or purports to be transferred for
value to a person acting in good faith, no later assumption by him of rights which he
believed himself to be acquiring shall, by reason of any defect in the transferor’s title,
amount to theft of the property.
4 “Property”.
(1) “Property” includes money and all other property, real or personal, including things
in action and other intangible property.
(2) A person cannot steal land, or things forming part of land and severed from it by him
or by his directions, except in the following cases, that is to say—
(a) when he is a trustee or personal representative, or is authorised by power of
attorney, or as liquidator of a company, or otherwise, to sell or dispose of land
belonging to another, and he appropriates the land or anything forming part
of it by dealing with it in breach of the confidence reposed in him; or
(b) when he is not in possession of the land and appropriates anything forming
part of the land by severing it or causing it to be severed, or after it has been
severed; or
(c) when, being in possession of the land under a tenancy, he appropriates the
whole or part of any fixture or structure let to be used with the land.
For purposes of this subsection “land” does not include incorporeal
hereditaments; “tenancy” means a tenancy for years or any less period and
includes an agreement for such a tenancy, but a person who after the end
of a tenancy remains in possession as statutory tenant or otherwise is to be
Theft Act 1968 (c. 60) 3
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treated as having possession under the tenancy, and “let” shall be construed
accordingly.
(3) A person who picks mushrooms growing wild on any land, or who picks flowers,
fruit or foliage from a plant growing wild on any land, does not (although not in
possession of the land) steal what he picks, unless he does it for reward or for sale or
other commercial purpose.
For purposes of this subsection “mushroom” includes any fungus, and
“plant” includes any shrub or tree.
(4) Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot
steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any
such creature, unless either it has been reduced into possession by or on behalf of
another person and possession of it has not since been lost or abandoned, or another
person is in course of reducing it into possession.
5 “Belonging to another”.
(1) Property shall be regarded as belonging to any person having possession or control
of it, or having in it any proprietary right or interest (not being an equitable interest
arising only from an agreement to transfer or grant an interest).
(2) Where property is subject to a trust, the persons to whom it belongs shall be regarded
as including any person having a right to enforce the trust, and an intention to defeat
the trust shall be regarded accordingly as an intention to deprive of the property any
person having that right.
(3) Where a person receives property from or on account of another, and is under an
obligation to the other to retain and deal with that property or its proceeds in a
particular way, the property or proceeds shall be regarded (as against him) as belonging
to the other.
(4) Where a person gets property by another’s mistake, and is under an obligation to make
restoration (in whole or in part) of the property or its proceeds or of the value thereof,
then to the extent of that obligation the property or proceeds shall be regarded (as
against him) as belonging to the person entitled to restoration, and an intention not to
make restoration shall be regarded accordingly as an intention to deprive that person
of the property or proceeds.
(5) Property of a corporation sole shall be regarded as belonging to the corporation
notwithstanding a vacancy in the corporation.
(if done for purposes of his own and without the other’s authority) amounts to treating
the property as his own to dispose of regardless of the other’s rights.
7 Theft.
A person guilty of theft shall on conviction on indictment be liable to imprisonment
for a term not exceeding [F1 seven years].
Textual Amendments
F1 Words in s. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(1); S.I.
1992/333, art. 2(2), Sch.2
8 Robbery.
(1) A person is guilty of robbery if he steals, and immediately before or at the time of
doing so, and in order to do so, he uses force on any person or puts or seeks to put any
person in fear of being then and there subjected to force.
(2) A person guilty of robbery, or of an assault with intent to rob, shall on conviction on
indictment be liable to imprisonment for life.
9 Burglary.
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to
commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or
attempts to steal anything in the building or that part of it or inflicts or attempts
to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything
in the building or part of a building in question, of inflicting on any person therein
any grievous bodily harm F2... therein, and of doing unlawful damage to the building
or anything therein.
[F3(3) A person guilty of burglary shall on conviction on indictment be liable to
imprisonment for a term not exceeding—
(a) where the offence was committed in respect of a building or part of a building
which is a dwelling, fourteen years;
(b) in any other case, ten years.
(4) References in subsections (1) and (2) above to a building, and the reference in
subsection (3) above to a building which is a dwelling, shall apply also to an inhabited
vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person
having a habitation in it is not there as well as at times when he is.]
Theft Act 1968 (c. 60) 5
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Textual Amendments
F2 Words in s. 9(2) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141, Sch. 6
para. 17,{Sch. 7}; S.I. 2004/874, art. 2
F3 S. 9(3)(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(2); S.I.
1992/333, art. 2(2), Sch. 2
10 Aggravated burglary.
(1) A person is guilty of aggravated burglary if he commits any burglary and at the time has
with him any firearm or imitation firearm, any weapon of offence, or any explosive;
and for this purpose—
(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means
anything which has the appearance of being a firearm, whether capable of
being discharged or not; and
(b) “weapon of offence” means any article made or adapted for use for causing
injury to or incapacitating a person, or intended by the person having it with
him for such use; and
(c) “explosive” means any article manufactured for the purpose of producing a
practical effect by explosion, or intended by the person having it with him for
that purpose.
(2) A person guilty of aggravated burglary shall on conviction on indictment be liable to
imprisonment for life.
(6) A person does not commit an offence under this section by anything done in the belief
that he has lawful authority to do it or that he would have the owner’s consent if the
owner knew of his doing it and the circumstances of it.
(7) For purposes of this section—
(a) “conveyance” means any conveyance constructed or adapted for the carriage
of a person or persons whether by land, water or air, except that it does not
include a conveyance constructed or adapted for use only under the control of
a person not carried in or on it, and “drive” shall be construed accordingly; and
(b) “owner”, in relation to a conveyance which is the subject of a hiring agreement
or hire-purchase agreement, means the person in possession of the conveyance
under that agreement.
Textual Amendments
F4 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 37(1)(a), Sch. 8 para. 16
F5 S. 12(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I
F6 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 37(1)(6), Sch. 8 para. 16
F7 S. 12(4A)-(4C) inserted (1.10.2001) by 2001 c. 3, s. 37(1); S.I. 2001/3215, art. 2
F8 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
(5) If a person who is charged with an offence under this section is found not guilty of
that offence but it is proved that he committed a basic offence, he may be convicted
of the basic offence.
(6) If by virtue of subsection (5) above a person is convicted of a basic offence before the
Crown Court, that court shall have the same powers and duties as a magistrates’ court
would have had on convicting him of such an offence.
(7) For the purposes of this section a vehicle is driven dangerously if—
(a) it is driven in a way which falls far below what would be expected of a
competent and careful driver; and
(b) it would be obvious to a competent and careful driver that driving the vehicle
in that way would be dangerous.
(8) For the purposes of this section a vehicle is recovered when it is restored to its owner
or to other lawful possession or custody; and in this subsection “owner” has the same
meaning as in section 12 above.]
Textual Amendments
F9 S. 12A inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 1(1)(3); S.I. 1992/764,
art.2
F10 Words in s. 12A(4) substituted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 285(1), 336; S.I.
2004/81, art. 5(2)(b)
13 Abstracting of electricity.
A person who dishonestly uses without due authority, or dishonestly causes to be
wasted or diverted, any electricity shall on conviction on indictment be liable to
imprisonment for a term not exceeding five years.
14 Extension to thefts from mails outside England and Wales, and robbery etc. on
such a theft.
(1) Where a person—
(a) steals or attempts to steal any mail bag or postal packet in the course of
transmission as such between places in different jurisdictions in the British
postal area, or any of the contents of such a mail bag or postal packet; or
(b) in stealing or with intent to steal any such mail bag or postal packet or any
of its contents, commits any robbery, attempted robbery or assault with intent
to rob;
then, notwithstanding that he does so outside England and Wales, he shall be guilty
of committing or attempting to commit the offence against this Act as if he had done
so in England or Wales, and he shall accordingly be liable to be prosecuted, tried and
punished in England and Wales without proof that the offence was committed there.
Theft Act 1968 (c. 60) 9
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(2) In subsection (1) above the reference to different jurisdictions in the British postal area
is to be construed as referring to the several jurisdictions of England and Wales, of
Scotland, of Northern Ireland, of the Isle of Man and of the Channel Islands.
(3) F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11 S. 14(3) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order
2003 (S.I. 2003/2908, art. 3(2), Sch. 2
Textual Amendments
F12 S. 15 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(i), Sch. 3
(with Sch. 2 para. 3); S.I. 2006/3200, art. 2
Textual Amendments
F13 S. 15A repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(ii), Sch. 3
(with Sch. 2 para. 3); S.I. 2006/3200, art. 2
Textual Amendments
F14 S. 15B repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 3, Sch. 3; S.I.
2006/3200, art. 2
Textual Amendments
F15 S. 16 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(iii), Sch. 3
(with Sch. 2 para. 3); S.I. 2006/3200, art. 2
17 False accounting.
(1) Where a person dishonestly, with a view to gain for himself or another or with intent
to cause loss to another,—
(a) destroys, defaces, conceals or falsifies any account or any record or document
made or required for any accounting purpose; or
(b) in furnishing information for any purpose produces or makes use of any
account, or any such record or document as aforesaid, which to his knowledge
is or may be misleading, false or deceptive in a material particular;
he shall, on conviction on indictment, be liable to imprisonment for a term not
exceeding seven years.
(2) For purposes of this section a person who makes or concurs in making in an account
or other document an entry which is or may be misleading, false or deceptive in a
material particular, or who omits or concurs in omitting a material particular from an
account or other document, is to be treated as falsifying the account or document.
Textual Amendments
F16 Words in s. 18(1) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 4,
Sch. 3; S.I. 2006/3200, art. 2
Textual Amendments
F17 S. 20(2) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(a)(iv), Sch.
3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F18 Words in s. 20(3) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 5,
Sch. 3; S.I. 2006/3200, art. 2
21 Blackmail.
(1) A person is guilty of blackmail if, with a view to gain for himself or another or with
intent to cause loss to another, he makes any unwarranted demand with menaces; and
for this purpose a demand with menaces is unwarranted unless the person making it
does so in the belief—
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial
whether the menaces relate to action to be taken by the person making the demand.
(3) A person guilty of blackmail shall on conviction on indictment be liable to
imprisonment for a term not exceeding fourteen years.
12 Theft Act 1968 (c. 60)
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Textual Amendments
F19 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
(3) But no goods shall be regarded as having continued to be stolen goods after they
have been restored to the person from whom they were stolen or to other lawful
possession or custody, or after that person and any other person claiming through him
have otherwise ceased as regards those goods to have any right to restitution in respect
of the theft.
(4) For purposes of the provisions of this Act relating to goods which have been stolen
(including subsections (1) to (3) above) goods obtained in England or Wales or
elsewhere either by blackmail or [F20, subject to subsection (5) below, by fraud (within
the meaning of the Fraud Act 2006)]F20 shall be regarded as stolen; and “steal”, “theft”
and “thief” shall be construed accordingly.
[F21(5) Subsection (1) above applies in relation to goods obtained by fraud as if—
(a) the reference to the commencement of this Act were a reference to the
commencement of the Fraud Act 2006, and
(b) the reference to an offence under this Act were a reference to an offence under
section 1 of that Act.F21]
Textual Amendments
F20 Words in s. 24(4) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 6(1)
(with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F21 S. 24(5) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 6(2) (with Sch.
2 para. 4); S.I. 2006/3200, art. 2
(6) A person guilty of an offence under this section shall be liable on conviction on
indictment to imprisonment for a term not exceeding ten years.
(7) Subsection (8) below applies for purposes of provisions of this Act relating to stolen
goods (including [F25subsection (2A)]F25 above).
(8) References to stolen goods include money which is dishonestly withdrawn from an
account to which a wrongful credit has been made, but only to the extent that the
money derives from the credit.
[ “ Account ” means an account kept with—
F26
(9) (a) a bank;
(b) a person carrying on a business which falls within subsection (10) below; or
F27
[ (c) a person falling within any of paragraphs (a) to (j) of the definition
of “electronic money issuer” in regulation 2(1) of the Electronic Money
Regulations 2011.]
(10) A business falls within this subsection if—
(a) in the course of the business money received by way of deposit is lent to
others; or
(b) any other activity of the business is financed, wholly or to any material extent,
out of the capital of or the interest on money received by way of deposit.
(11) References in subsection (10) above to a deposit must be read with—
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that section; and
(c) Schedule 2 to that Act;
but any restriction on the meaning of deposit which arises from the identity of the
person making it is to be disregarded.
(12) For the purposes of subsection (10) above—
(a) all the activities which a person carries on by way of business shall be regarded
as a single business carried on by him; and
(b) “ money ” includes money expressed in a currency other than sterling. ]]F26
Textual Amendments
F22 S. 24A inserted (18.12.1996) by 1996 c. 62, s. 2
F23 S. 24A(2A) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 7(1) (with
Sch. 2 para. 5); S.I. 2006/3200, art. 2
F24 S. 24A(3)(4) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1), Sch. 1 para. 7(1),
Sch. 3 (with Sch. 2 para. 5; S.I. 2006/3200, art. 2
F25 Words in s. 24A(7) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para.
7(2) (with Sch. 2 para. 5); S.I. 2006/3200, art. 2
F26 S. 24A(9)-(12) substituted (15.1.2007) for s. 24(9) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1
para. 7(3) (with Sch. 2 para. 5); S.I. 2006/3200, art. 2
F27 S. 24A(9)(c) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 32
(with Sch. 20); S.I. 2013/423, art. 3, Sch.
Theft Act 1968 (c. 60) 15
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Textual Amendments
F28 Words in s. 25(1)(3) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para.
8(a); S.I. 2006/3200, art. 2
F29 Words in s. 25(1) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1), Sch. 1 para.
8(a) (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
F30 S. 25(4) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174,
178, Sch. 7 para. 17, Sch. 17; S.I. 2005/3495, art. 2(m)(u)(xvii)
F31 Words in s. 25(5) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 8(b),
Sch. 3; S.I. 2006/3200, art. 2
Textual Amendments
F32 S. 26(2) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. I
F33 S. 26(4) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
F34
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
F34 S. 27(4A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for
remaining purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 46, Sch. 37 Pt. 4;
S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art.
4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 34) (as amended (4.11.2012) by S.I. 2012/2761,
art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 34)
F35
28 ................................
Textual Amendments
F35 S. 28 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1,2)
“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.”
18 Theft Act 1968 (c. 60)
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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
F36 S. 29(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Marginal Citations
M1 1952 c. 55
Textual Amendments
F37 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)
F38 S. 30(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121, Sch. 7 Pt. V
F39 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)
F40 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)
F41 Word repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
F42 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)
F43 Proviso (4)(b) repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
F44 S. 30(5) added by Criminal Jurisdiction Act 1975 (c. 59), Sch. 5 para. 2(1)
F45 Words substituted by Prosecution of Offences Act 1979 (c. 31, SIF 39:1), Sch. 1
Textual Amendments
F46 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)
F47 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)
Marginal Citations
M2 1861 c. 96.
that Schedule by reference to the law of a British possession; but the repeal made in
Schedule 1 to the M5Extradition Act 1870 shall extend throughout the United Kingdom.
Editorial Information
X2 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
F48 S. 33(1) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
Marginal Citations
M3 1870 c. 52.
M4 1873 c. 60.
M5 1870 c. 52.
Supplementary
34 Interpretation.
(1) Sections 4(1) and 5(1) of this Act shall apply generally for purposes of this Act as they
apply for purposes of section 1.
(2) For purposes of this Act—
(a) “gain” and “loss” are to be construed as extending only to gain or loss in
money or other property, but as extending to any such gain or loss whether
temporary or permanent; and—
(i) “gain” includes a gain by keeping what one has, as well as a gain by
getting what one has not; and
(ii) “loss” includes a loss by not getting what one might get, as well as a
loss by parting with what one has;
(b) “goods”, except in so far as the context otherwise requires, includes money
and every other description of property except land, and includes things
severed from the land by stealing [F49; and.
(c) “mail bag” and “postal packet” have the meanings given by section 125(1) of
the Postal Services Act 2000.F49F49]
Textual Amendments
F49 S. 34(2)(c) and preceding word inserted (12.11.2003) by The Postal Services Act 2000 (Consequential
Modifications) Order 2003 (S.I. 2003/2908), art. 3(1), Sch. 1 para. 1
Textual Amendments
F50 Words in s. 35(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168, Sch. 9 para. 35
Textual Amendments
F51 S. 36(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
F52 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
Theft Act 1968 (c. 60) 23
SCHEDULE 1 – Offences of Taking, etc. Deer or Fish
Document Generated: 2023-04-24
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
SCHEDULES
Textual Amendments
F53 Sch. 1 para. 1 repealed by Deer Act 1980 (c. 49, SIF 4:3), s. 9(2)
Textual Amendments
F54 Sch. 1 para. 2(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 228(2), 324;
S.I. 2009/3345, art. 2(2), Sch. para. 14
F55 Sch. 1 para. 2(2) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 228(3), 321,
324, Sch. 22 Pt. 5B; S.I. 2009/3345, art. 2, Sch. paras. 14, 27(b)
F56 Words in Sch. 1 para. 2(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss.
228(4), 324; S.I. 2009/3345, art. 2(2), Sch. para. 14
F57 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)
X3
SCHEDULE 2 Section 33(1),(2).
Editorial Information
X3 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.
F58
PART I
Textual Amendments
F58 Sch. 2 Pt. I repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
................................
1 The Post Office Act 1953 shall have effect subject to the amendments provided for
by this Part of this Schedule (and, except in so far as the contrary intention appears,
those amendments have effect throughout the British postal area).
................................
2 Sections 22 and 23 shall be amended by substituting for the word “felony” in
section 22(1) and section 23(2) the words “a misdemeanour”. and by omitting the
words “of this Act and” in section 23(1).
................................
3 In section 52, as it applies outside England and Wales, for the words from “be guilty”
onwards there shall be substituted the words “be guilty of a misdemeanour and be
liable to imprisonment for a term not exceeding ten years”.
................................
4 In section 53 for the words from “be guilty” onwards there shall be substituted the
words “be guilty of a misdemeanour and be liable to imprisonment for a term not
exceeding five years”.
................................
5 In section 54, as it applies outside England and Wales,—
(a) there shall be omitted the words “taking, embezzling” and the words
“taken, embezzled”, where first occurring;
(b) for the words “a felony” there shall be substituted the words “an offence”
and the word “feloniously” shall be omitted ;
Theft Act 1968 (c. 60) 25
SCHEDULE 2 – Miscellaneous and Consequential Amendments
Document Generated: 2023-04-24
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
(c) for the words from “be guilty” to “secreted it” there shall be substituted the
words “be guilty of a misdemeanour and be liable to imprisonment for a
term not exceeding fourteen years”.
................................
6 In sections 55 and 58(1), after the word “imprisonment”, there shall in each case be
inserted the words “for a term not exceeding two years”.
................................
7 In section 57—
(a) there shall be omitted the words “steals, or for any purpose whatever
embezzles,” and the words from “or if” onwards ;
(b) for the word “felony” there shall be substituted the words “a
misdemeanour”.
................................
8
................................
9 Section 69(2) shall be omitted.
................................
10 For section 70 there shall be substituted the following section—
................................
11 In section 72 there shall be added as a new subsection (3)—
“(3) In any proceedings in England or Wales for an offence under section 53, 55.
56, 57 or 58 of this Act, section 27(4) of the Theft Act 1968 shall apply as
it is expressed to apply to proceedings for the theft of anything in the course
of transmission by post , and in the case of proceedings under section 53
of this Act a statutory declaration made by any person that a vessel, vehicle
or aircraft was at any time employed by or under the Post Office for the
transmission of postal packets under contract shall be admissible as evidence
of the facts stated in the declaration subject to the same conditions as
under section 27(4)(a) and (b) of the Theft Act 1968 apply to declarations
admissible under section 27(4).”
................................
12 In section 87(1), the definition of “valuable security” shall be omitted but, except in
relation to England and Wales, there shall be substituted:—
““valuable security” means any document creating, transferring,
surrendering or releasing any right to, in or over property, or authorising the
payment of money or delivery of any property, or evidencing the creation,
transfer, surrender or release of any such right, or the payment of money or
delivery of any property, or the satisfaction of any obligation.”
PART II
... ...
The Public Stores Act 1875 (38 & 39 Vict. For section 12 (incorporation of parts of
c. 25) 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
Theft Act 1968 (c. 60) 27
SCHEDULE 2 – Miscellaneous and Consequential Amendments
Document Generated: 2023-04-24
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
M6
Textual Amendments
F60 Entry relating to the Extradition Act 1873 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
Marginal Citations
M6 1897 c. 30.
PART III
... ...
F61 F61
... ...
F62 F62
... ...
The House to House Collections Act 1939 (2 In the Schedule (offences for which a
& 3 Geo. 6. c. 44) 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 In Schedule 1 for paragraph 8 there shall be
Geo. 6. & 1 Eliz. 2. c. 55) substituted— “8. Offences under sections 53
and 55 to 58 of the
M7
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
F61 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)
F62 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
M7 1953 c. 36.
X4
SCHEDULE 3 Section 33(3).
REPEALS
Editorial Information
X4 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
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 In section 38, as incorporated
1871. 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 The whole Act.
1874.
38 & 39 Vict. c. 24. The Falsification of Accounts The whole Act.
Act 1875.
38 & 39 Vict. c. 89. The Public Works Loans Act Section 44.
1875.
47 & 48 Vict. c. 55. The Pensions and Yeomanry Section 3.
Pay Act 1884.
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 Section 2(3).
Fees Act 1891.
57 & 58 Vict. c. 60. The Merchant Shipping Act In section 154 paragraph (d),
1894. 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 Section 10.
Teachers (Superannuation)
Act 1898.
62 & 63 Vict. c. 19. The Electric Lighting In the Schedule, in section 38
(Clauses) Act 1899. of the Gasworks Clauses
32 Theft Act 1968 (c. 60)
SCHEDULE 3 – Repeals
Document Generated: 2023-04-24
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
15 & 16 Geo. 6. & 1 Eliz. 2. The Income Tax Act 1952. Section 505 (but this repeal
c. 10. shall not extend to Scotland).
15 & 16 Geo. 6. & 1 Eliz. 2. The National Health Service In section 6 the words from
c. 25. Act 1952. “he shall” to “section”.
15 & 16 Geo. 6. & 1 Eliz 2. The Disposal of Uncollected In section 3(3) the
c. 43. Goods Act 1952. 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 Section 29(2).
1953.
4 & 5 Eliz. 2. c. 16. The Foods and Drugs Act Section 60, so far as
1955. unrepealed.
7 & 8 Eliz. 2. c. 28. The Income Tax (Repayment Section 1(6) (but this repeal
of Post-War Credits) Act shall not extend to Scotland).
1959.
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 In the Schedule, paragraph
Horticulture Act 1964. 3 from the words “or on
conviction on indictment”
onwards.
1966 c. 32. The Selective Employment Section 8(2)(a), (b) and (d)
Payments Act 1966. and (ii)
1966 c. 34. The Industrial Development Section 9.
Act 1966.
1967 c. 1. The Land Commission Act Section 81(5)(a).
1967.
Section 93.
Section 93.
1967 c. 9. The General Rate Act 1967. Section 49(8).
1967 c. 12. The Teachers’ Section 14.
Superannuation Act 1967.
1967 c. 22. The Agriculture Act 1967. Section 69(1)(ii).
1967 c. 29. The Housing Subsidies Act Section 31.
1967.
1967 c. 34. The Industrial Injuries and In section 12(2) the words
Diseases (Old Cases) Act “section 11(1) of this Act”.
1967.
Theft Act 1968 (c. 60) 35
SCHEDULE 3 – Repeals
Document Generated: 2023-04-24
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
PART II
PART III
CONSEQUENTIAL REPEALS
25 & 26 Geo. 5. c. 30. The Law Reform (Married In Schedule 1 the entries
Women and Tortfeasors) Act amending section 12 of the
1935. Married Women’s Property
Act 1882 and the Larceny
Act 1916.
11 & 12 Geo. 6. c. 58. The Criminal Justice Act In section 41, subsection (3),
1948. 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 Section 10(9)(e).
Utility Undertakings, etc.)
Act 1949.
14 & 15 Geo. 6. c. 39. The Common Informers Act In the Schedule the entry
1951. relating to the Larceny Act
1861 section 102.
15 & 16 Geo. 6. & 1 Eliz. 2. The Pensions (Increase) Act In Schedule 3 the entries for
c. 45. 1952. sections 6 and 7 of 7 & 8
Geo. 6. c. 21.
15 & 16 Geo. 6. & 1 Eliz. 2. The Magistrates’ Courts Act Section 33.
c. 55. 1952.
In Schedule 1, entries Nos. 1,
5 and 6.
15 & 16 Geo. 6. & 1 Eliz. 2. The Visiting Forces Act In the Schedule, paragraph
c. 67. 1952. 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 In Schedule 3, paragraphs 4,
Administration Act 1962. 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
38 Theft Act 1968 (c. 60)
SCHEDULE 3 – Repeals
Document Generated: 2023-04-24
Changes to legislation: There are currently no known outstanding
effects for the Theft Act 1968. (See end of Document for details)
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 In section 30, in
1968. 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.
Theft Act 1968 (c. 60) 39
Document Generated: 2023-04-24
Changes to legislation:
There are currently no known outstanding effects for the Theft Act 1968.