Larceny Act, 1990
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Scope of offences relating to stolen property. |
7.—(1) The provisions of the Principal Act and of this Act relating to handling property which has been stolen shall apply whether the property was stolen in the State or elsewhere, and whether the stealing occurred before or after the commencement of this Act, provided that the stealing amounted to an offence where and at the time when the property was stolen; and references to stolen property shall for the purposes of those provisions be construed accordingly. | |
(2) For the purposes specified in subsection (1) of this section, references to stolen property shall include, in addition to the property originally stolen and parts of it (whether in its original state or not)— | ||
(a) any property which directly or indirectly represents, or has at any time represented, the stolen property in the hands of the thief as being the proceeds of any disposal or realisation of the whole or part of the stolen property or of property so representing the stolen property; and | ||
(b) any other property which directly or indirectly represents, or has at any time represented, the stolen property in the hands of a handler of the stolen property or any part of it as being the proceeds of any disposal or realisation of the whole or part of the stolen property handled by him or of property so representing it. | ||
(3) For the purposes specified in subsection (1) of this section, no property shall be regarded as having continued to be stolen property after it has been restored to the person from whom it was stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased, as regards that property, to have any right to restitution in respect of the theft. | ||
(4) For the purposes specified in subsection (1) of this section, property shall be regarded as stolen property whether it has been stolen, embezzled, fraudulently converted or obtained by false pretences or by the commission of any offence under section 29, 30 or 31 of the Principal Act; and “steal”, “theft” and “thief” shall be construed accordingly. | ||
(5) In section 46(1) of the Principal Act, the definition of “property” is hereby amended by the insertion, after “The expression ‘property’”, of “, subject to section 7 of the Larceny Act, 1990,”. |