|
Removing article from place open to the public〔Archbold Criminal Pleading, Evidence and Practice, 1999 has this expression as the statement of offence in a specimen indictment at para. 21-137, at p. 1783〕 is a statutory offence in England and Wales and Northern Ireland. ==England and Wales== This offence is created by section 11(1) of the Theft Act 1968. Sections 11(1) to (3) of that Act read: The following cases are relevant: *R v Durkin () 1 QB 786, 57 Cr App R 637, () 2 All ER 872, () Crim LR 372, CA *R v Barr () Crim LR 244 Section 11(3) Edward Griew said that section 11(3) corresponds to sections 2(1)(a) and (b) (as to which, see dishonesty).〔Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 5-10 at page 108.〕 Visiting forces This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.〔The Visiting Forces Act 1952, section 3(6) and Schedule, (paragraph 3(g) ) (as inserted by the Theft Act 1968, Schedule 2, Part III)〕 Mode of trial and sentence This offence is triable either way.〔The Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 28〕 A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years,〔The Theft Act 1968, section 11(4)〕 or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.〔The Magistrates' Courts Act 1980, section 32(1)〕 "The Goya clause" The clause of the Theft Bill that became section 11 was popularly known as the "Goya clause". The name referred to the unauthorised removal of Goya's portrait of the Duke of Wellington from the National Gallery.〔Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 5-02 at page 104.〕 Criticism Edward Griew said that the complexity of this offence is disproportionate to its importance.〔Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 5-03 at page 105.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Removing article from place open to the public」の詳細全文を読む スポンサード リンク
|