Page:Theft Act 1978.pdf/4

Rh (3) A person convicted summarily of any offence under this Act shall be liable—
 * (a) to imprisonment for a term not exceeding six months; or
 * (b) to a fine not exceeding the prescribed sum for the purposes of section 28 of the Criminal Law Act 1977 (punishment on summary conviction of offences triable either way: £1,000 or other sum substituted by order under that Act),

or to both.

5.—(1) For purposes of sections 1 and 2 above “deception”, has the same meaning as in section 15 of the Theft Act 1968, that is to say, it means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person; and section 18 of that Act (liability of company officers for offences by the company) shall apply in relation to sections 1 and 2 above as it applies in relation to section 15 of that Act.

(2) Sections 30(1) (husband and wife), 31(1) (effect on civil proceedings) and 34 (interpretation) of the Theft Act 1968, so far as they are applicable in relation to this Act, shall apply as they apply in relation to that Act.

(3) In the Schedule to the Extradition Act 1873 (additional list of extradition crimes), after “Theft Act 1968” there shall be inserted “or the Theft Act 1978”; and there shall be deemed to be included among the descriptions of offences set out in Schedule 1 to the Fugitive Offenders Act 1967 any offence under this Act.

(4) In the Visiting Forces Act 1952, in paragraph 3 of the Schedule (which defines for England and Wales “offence against property” for purposes of the exclusion in certain cases of the jurisdiction of United Kingdom courts) there shall be added at the end—
 * “(j) the Theft Act 1978”.

(5) In the Theft Act 1968 section 16(2)(a) is hereby repealed.

6. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it operates only so as to make for Northern Ireland provision corresponding to this Act—
 * (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but