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Larceny Act 1916
Act of the Parliament of the United Kingdom
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The Larceny Act 1916 (6 & 7 Geo. 5. c. 50) was an act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences.[1]
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| Act of Parliament | |
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| Long title | An Act to consolidate and simplify the Law relating to Larceny triable on Indictment and Kindred Offences. |
|---|---|
| Citation | 6 & 7 Geo. 5. c. 50 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 31 October 1916 |
| Commencement | 1 January 1917[b] |
| Repealed |
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| Other legislation | |
| Amends | |
| Amended by | |
| Repealed by |
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Status: Repealed | |
| Text of statute as originally enacted | |
The definition of larceny for the purposes of the act was "a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith; takes and carries away anything capable of being stolen, with the intent at the time of such taking, permanently to deprive the owner thereof. Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner".[2]
Provisions
Section 23 provided maximum penalties for a number of offences of robbery and aggravated robbery.[3]
Section 24 created the offence of sacrilege.
Section 25 created the offence of burglary.
Sections 29 to 31 related to blackmail.
Section 32 related to false pretences.
Repealed enactments
Section 48(1) of the act repealed 16 enactments, listed in the schedule to the act.[3]
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 33 Hen. 8. c.12 | Offences within the Court Act 1541 | — | Section thirteen. |
| 6 & 7 Vict. c. 96 | Libel Act 1843 | The Libel Act, 1843. | Section three. |
| 14 & 15 Vict. c. 100 | Criminal Procedure Act 1851 | The Criminal Procedure Act, 1851. | In section five, so far as it relates to Ireland, the words " stealing, " embezzling," and the words " or for obtaining by false pretences." |
| Section eighteen, from the words " and in cases " to the end of the section. | |||
| 17 & 18 Vict. c. 112 | Literary and Scientific Institutions Act 1854 | The Literary and Scientific Institutions Act, 1854. | In section twenty-six, from "steal" to "chattels of the " institution, or." |
| 23 & 24 Vict. c. 16 | Municipal Corporation Mortgages, &c. Act 1860 | The Municipal Corporation Mortgages, &c. Act, 1860. | Section seven. |
| 24 & 25 Vict. c. 96 | Larceny Act 1861 | The Larceny Act, 1861. | In section one, from " the term " 'trustee'" to "bankruptcy " or insolvency " ; and from " for the purposes of this Act, " the night" to " succeeding " day." |
| Sections two to eleven, both inclusive. | |||
| In section eighteen, from " and " whosoever" to the end of the section. | |||
| In section nineteen, from "and " whosoever " to the end of the section. | |||
| Section twenty. | |||
| In section twenty-six, from the beginning of the section to " simple larceny and." | |||
| In section twenty - seven, the words " shall steal, or." | |||
| In section twenty - eight, the words " shall steal, or." | |||
| In section twenty-nine, the words, " steal or." | |||
| In section thirty, the words " shall steal or." | |||
| Sections thirty-one and thirty-two. | |||
| In section thirty - three, from " and whosoever having been " twice convicted " to the end of the section. | |||
| In section thirty-six, from " and " whosoever " to the end of the section. | |||
| Section thirty-eight. | |||
| Sections forty to sixty-four, both inclusive. | |||
| Sections sixty-seven to seventy-four, both inclusive. | |||
| Sections seventy-seven to eighty-one, both inclusive. | |||
| Sections eighty-eight to ninety-six, both inclusive. | |||
| In section ninety-eight, the words " except only a receiver of stolen " property." | |||
| Sections one hundred and One hundred and one. | |||
| Section one hundred and fourteen. | |||
| 30 & 31 Vict. c. 35 | Criminal Law Amendment Act 1867 | The Criminal Law Amendment Act, 1867. | In section nine, the words "either" and the words "or " otherwise." |
| 31 & 32 Vict. c. 116 | Larceny Act 1868 | The Larceny Act, 1868. | Section one. |
| 34 & 35 Vict. c. 112 | Prevention of Crimes Act 1871 | The Prevention of Crimes Act, 1871. | Sections sixteen and nineteen. |
| 39 & 40 Vict. c. 20 | Statute Law Revision (Substituted Enactments) Act 1876 | The Statute Law Revision (Substituted Enactments) Act, 1876. | Section three. |
| 45 & 46 Vict. c. 50 | Municipal Corporations Act 1882 | The Municipal Corporations Act. 1882. | Section one hundred and seventeen. |
| 45 & 46 Vict. c. 56 | Electric Lighting Act 1882 | The Electric Lighting Act, 1882. | Section twenty-three. |
| 59 & 60 Vict. c. 52 | Larceny Act 1896 | The Larceny Act, 1896. | The whole act. |
| 59 & 60 Vict. c. 57 | Burglary Act 1896 | The Burglary Act, 1896. | The whole act. |
| 1 Edw. 7. c. 10 | Larceny Act 1901 | The Larceny Act, 1901. | The whole act. |
| 4 & 5 Geo. 5. c. 58 | Criminal Justice Administration Act 1914 | The Criminal Justice Administration Act, 1914. | Section thirty-five. |
| Section thirty-nine, subsection two. | |||
| The Third Schedule. |
Subsequent developments
Section 38(1) 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 in respect of offences committed after 1 January 1969 by section 32(1)(a) of the Theft Act 1968 and 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 32(1) of, and part I of schedule 3 to, the Theft Act (Northern Ireland) 1969.
The whole act was repealed for Scotland by section 461(2) of, and part I of schedule 10 to, the Criminal Procedure (Scotland) Act 1975.
Larceny has been replaced by the broader offence of theft under section 1(1) of the Theft Act 1968.[6] This offence did incorporate some of the terminology and substance of larceny.
