Page:Theft Act 1968 (UKPGA 1968-60 qp).pdf/14

12 Possession of housebreaking implements, etc.

25.—(1) A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary, theft or cheat.

(2) A person guilty of an offence under this section shall on conviction on indictment be liable to imprisonment for a term not exceeding three years.

(3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use.

(4) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under this section.

(5) For purposes of this section an offence under section 12(1) of this Act of taking a conveyance shall be treated as theft, and “cheat” means an offence under section 15 of this Act. Enforcement and procedure

26.—(1) 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 stolen goods, the justice may grant a warrant to search for and seize the same; but no warrant to search for stolen goods shall be addressed to a person other than a constable except under the authority of an enactment expressly so providing.

(2) An officer of police not below the rank of superintendent may give a constable written authority to search any premises for stolen goods—
 * (a) if the person in occupation of the premises has been convicted within the preceding five years of handling stolen goods or of any offence involving dishonesty and punishable with imprisonment ; or
 * (b) if a person who has been convicted within the preceding five years of handling stolen goods has within the preceding twelve months been in occupation of the premises.

(3) Where under this section a person is authorised to search premises for stolen goods, he may enter and search the premises accordingly, and may seize any goods he believes to be stolen goods.