Defence Act 1954

Stealing, embezzlement, etc., of property.

156

F117 [ 156. (1) Every person subject to military law who

( a ) steals or otherwise unlawfully obtains any property belonging to a person subject to military law or any public service property or service property, or

( b ) handles or possesses (within the meaning of section 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001) any such property,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment for any term not exceeding two years or any less punishment awardable by a court martial.

(2) The said sections 17 and 18 shall apply to the offences of handling and possessing under subsection (1)( b ) of this section as they apply to the offences of handling and possessing stolen or otherwise unlawfully obtained property. ]

Annotations:

Amendments:

F117

Substituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 63, S.I. No. 252 of 2002.

Editorial Notes:

E22

Previous affecting provision: section substituted (22.08.1990) by Larceny Act 1990 (9/1990), s. 11, commenced as per s. 13(1); substituted as per F-note above.

E23

Previous affecting provision: section construed (22.08.1990) by Larceny Act 1990 (9/1990), s. 13(4), commenced as per s. 13(1); Act of 1990 repealed (1.08.2002) by Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 3 and sch. with transitional provision in s. 65, S.I. No. 252 of 2002.

E24

Previous affecting provision: section amended (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4, commenced on enactment; substituted as per E-note above.