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Theft Act (Northern Ireland) 1969

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30Effect on existing law and construction of references to offences.N.I.

(1)The following offences are hereby abolished for all purposes not relating to offences committed before the commencement of this Act, that is to say—

(a)any offence at common law of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, concealment of treasure trove and, except as regards offences relating to the public revenue, cheating; and

(b)any offence under an enactment mentioned in Part I of Schedule 3, to the extent to which the offence depends on any section or part of a section included in column 3 of that Schedule;

but so that the provisions set out in Schedule 1 (which respectively preserve with modificationsF1. . . , the offence under the Summary Jurisdiction (Ireland) Act 1862 [1862 c.50] of unlawful possession of the carcase, hide or other part of a sheep and the offence under the Pawnbrokers Act (Ireland) 1788 [1788 c.49] of defacement, etc., before sale at auction, of name or marking on watch or plate) shall have effect as there set out.

(2)Except as regards offences committed before the commencement of this Act, and except in so far as the context otherwise requires,—

(a)references in any enactment passed before this Act to an offence abolished by this Act shall, subject to any express amendment or repeal made by this Act, have effect as references to the corresponding offence under this Act; and, in any such enactment, the expression “receive” (when it relates to an offence of receiving) shall mean handle, and “receiver” shall be construed accordingly; and

(b)without prejudice to paragraph ( a), references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, blackmail, burglary, aggravated burglary or handling stolen goods, shall be construed in accordance with the provisions of this Act, including those of section 23.

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