Larceny Act, 1990
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Commencement and transitional provisions. |
13.—(1) This Act (other than sections 1 , 5 and 14 of this Act) shall come into operation 3 months after the date of its passing. | |
(2) Any reference to an offence or a conviction for an offence under— | ||
(a) section 4 (as extended to Ireland by section 15 of the Prevention of Crimes Act, 1871 ) of the Vagrancy Act, 1824 , in relation to an accused having in his custody or possession any picklock key, crow, jack, bit or other implement with intent feloniously to break into any dwelling house, ware-house, coach-house, stable or out-building, or | ||
(b) section 28 of the Principal Act, | ||
contained in any statute or statutory instrument immediately before the commencement of this Act shall be construed as a reference to an offence or a conviction for an offence under section 28 of the Principal Act as substituted by this Act. | ||
(3) Any reference to an offence or a conviction for an offence under section 33 of the Principal Act or section 52 of the Post Office Act, 1908 , contained in any statute or statutory instrument immediately before the commencement of this Act shall be construed as a reference to an offence or a conviction for an offence under the said section 33 as substituted by this Act and references in any such statute or statutory instrument to receiving stolen property shall be construed as including references to handling stolen property. | ||
(4) Any reference to an offence or a conviction for an offence under section 156 of the Defence Act, 1954 , contained in any statute or statutory instrument immediately before the commencement of this Act shall be construed as a reference to an offence or a conviction for an offence under that section as substituted by this Act, and references in any such statute or statutory instrument to receiving stolen property shall be construed as including references to handling stolen property. | ||
(5) Subsections (2), (3) and (4) of this section shall not apply in relation to offences committed before the commencement of this Act. | ||
(6) If a person— | ||
(a) is charged in the alternative with having committed an offence under section 28 of the Principal Act as in force immediately before the commencement of this Act and an offence under that section as substituted by this Act, or | ||
(b) is charged in the alternative with having committed an offence under section 33 of the Principal Act as in force immediately before such commencement and an offence under that section as substituted by this Act, or | ||
(c) is charged in the alternative with having committed an offence under section 156 of the Defence Act, 1954 , as in force immediately before such commencement and an offence under that section as substituted by this Act, | ||
and it is proved that he did acts which would constitute either of the offences charged but it is not proved whether those acts were done before or after such commencement, he may be convicted of the appropriate offence aforesaid under the enactment as in force immediately before the commencement of this Act but he shall not be liable to a penalty greater than the lesser of the maximum penalties provided for the two offences with which he was charged. | ||
(7) A person found guilty of having, before the commencement of this Act, committed an offence under any of the sections of the Principal Act specified in section 9 of this Act shall not, in respect of that offence, be liable to a penalty greater than the maximum penalty provided for by the Principal Act as in force immediately before the commencement of this Act or the maximum penalty so provided after such commencement, whichever is the lesser. | ||
(8) Section 40(3) and (5)(j) and (k) and 44(5) of the Principal Act (as substituted by this Act) shall apply in relation to a charge of receiving stolen property as if it were a charge of handling stolen property. |