Criminal Justice (Theft and Fraud Offences) Act 2001

Possession of certain articles.

15

15.—(1) A person who is, when not at his or her place of residence, in possession of any article with the intention that it be used in the course of or in connection with—

( a) theft or burglary,

( b) an offence under section 6 or 7,

F1 [ ( aa ) robbery, ]

( c) an offence under section 17 (blackmail, extortion, demanding money with menaces) of the Criminal Justice (Public Order) Act, 1994 , or

( d) an offence under section 112 (taking a vehicle without lawful authority) of the Road Traffic Act, 1961,

is guilty of an offence.

F2 [ (1A) A person who, without lawful authority or reasonable excuse, is in possession of any article made or adapted for use in the course of, or in connection with, the commission of an offence referred to in paragraphs (a) to (d) of subsection (1) is guilty of an offence. ]

F3 [ (2) It is a defence for a person charged with an offence under subsection (1) to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in that subsection.

(2A) It is a defence for a person charged with an offence under subsection (1A) to prove that the article concerned was not made or adapted for use in the course of or in connection with the commission of an offence referred to in paragraphs (a) to (d) of subsection (1) . ]

(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he or she was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine.

(4) An order under subsection (3) shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.

(5) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

Annotations:

Amendments:

F1

Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 47(a)(i), S.I. No. 236 of 2007.

F2

Inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 49(a), S.I. No. 330 of 2009.

F3

Substituted and inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 49(b), S.I. No. 330 of 2009.

Editorial Notes:

E4

Previous affecting provision: subs. (2) substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 47(a)(ii), S.I. No. 236 of 2007; substituted as per F-note above.