Larceny Act 1861

Larceny Act 1861[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate and amend the Statute Law of England and Ireland relating to Larceny and other similar Offences.
Citation24 & 25 Vict. c. 96
Territorial extent 
[b]
Dates
Royal assent6 August 1861
Commencement1 November 1861[c]
Repealed
Other legislation
Amended by
Repealed by
Relates to
Status: Repealed
Text of statute as originally enacted

The Larceny Act 1861[a] (24 & 25 Vict. c. 96) was an act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was) that 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,[1] 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.[2]

Subsequent developments

Section 113 of the act was repealed by section 2 of, and the schedule to, the Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), which came into force on 1 January 1894.[3]

The following provisions of the act were repealed by section 48(1) of, and the schedule to, the Larceny Act 1916.

In section 1, from " the term " 'trustee'" to "bankruptcy " or insolvency " ; and from " for the purposes of this Act, " the night" to " succeeding " day."
Sections 2–11, both inclusive.
In section 18, from " and " whosoever" to the end of the section.
In section 19, from "and " whosoever " to the end of the section.
Section 20.
In section 26, from the beginning of the section to " simple larceny and."
In section 27, the words " shall steal, or."
In section 28, the words " shall steal, or."
In section 29, the words, " steal or."
In section 30, the words " shall steal or."
Sections 31 and 32.
In section 33, from " and whosoever having been " twice convicted " to the end of the section.
In section 36, from " and " whosoever " to the end of the section.
Section 38.
Sections 40–64, both inclusive.
Sections 67–74, both inclusive.
Sections 77–81, both inclusive.
Sections 88 to 96, both inclusive.
In section 98, the words " except only a receiver of stolen " property."
Sections 100 and 101.
Section 114.

Section 87 of the act was repealed for England and Wales by section 10(2) of, and part II of schedule 3 to, the Criminal Law Act 1967, which came into force on 1 January 1968.[4]

The whole act was repealed for England and Wales by section 33(3) of, and part I of schedule 3 to, the Theft Act 1968, which came into force on 1 January 1969.[5]

The whole act was repealed for Northern Ireland by section 31(2) of, and part I of schedule 3 to, the Theft Act (Northern Ireland) 1969, which came into force on 1 August 1969.[6]

The act was retained for the Republic of Ireland by section 2(2)(a) of, and part 4 of schedule 1 to, the Statute Law Revision Act 2007, which came into force on 8 May 2007. Sections 12, 16, 24 and 25 continue in force.[7]

Provisions

Section 2 - All larcenies to be of the same nature

Davis said that the marginal note to section 2 of the act ("all larcenies to be of the same nature") was "imperfect" and that this was "obvious".[8]

As to larceny from the person and other like offences

As to sacrilege, burglary and housebreaking

Section 50 - Breaking and entering a church or chapel and committing any felony

See sacrilege.

As to restitution and recovery of stolen property

Section 102 - Advertising a reward for the return of stolen property etc.

Provision was made in relation to section 102 of the act by sections 3 and 4 of the Larceny (Advertisements) Act 1870 (33 & 34 Vict. c. 65) and by the Common Informers Act 1951 (14 & 15 Geo. 6. c. 39).[9][10]

This section is replaced for England and Wales by section 23 of the Theft Act 1968.[11]

See also

Notes

  1. 1 2 The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. This short title was previously authorised by section 1 of the Larceny (Advertisements) Act 1870 (33 & 34 Vict. c. 65). Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ Section 122.
  3. ↑ Section 123.

References

  1. ↑ Greaves (1861). The Criminal Law Consolidation and Amendment Acts. pp. 3–4.
  2. ↑ Davis, James Edward (1861). The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100. Butterworths. pp. vi-vii https://books.google.com/books?id=HMw0AAAAIAAJ&pg=PA6 – via Google Books.
  3. ↑ "Public Authorities Protection Act 1893", legislation.gov.uk, The National Archives, Vict/56-57 c. 61
  4. ↑ "Criminal Law Act 1967". legislation.gov.uk. The National Archives. 1967 c. 58.
  5. ↑ "Theft Act 1968". legislation.gov.uk. The National Archives. 1968 c. 60.
  6. ↑ Parliament of Northern Ireland. Theft Act (Northern Ireland) 1969 as amended (see also enacted form), from legislation.gov.uk.
  7. ↑ "Statute Law Revision Act 2007".
  8. ↑ Davis, James Edward (1861). The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria: Chapters 94 to 100. Butterworths. p. 22.
  9. ↑ "Larceny (Advertisements) Act 1870", legislation.gov.uk, The National Archives, Vict/33-34 c. 65
  10. ↑ "Common Informers Act 1951", legislation.gov.uk, The National Archives, Geo6/14-15 c. 39
  11. ↑ Ormerod, David. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. p. 254. n. 49.
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