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Organized Crime In The New Millennium

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Sections 2 to 6 of the <strong>The</strong>ft Act 1968 have effect as regards the interpretation and<br />

operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2<br />

to 6 of that Act apply only for the purposes of section 1 of that Act.<br />

Appropriates<br />

Section 3 provides:<br />

(1) Any assumption by a person of the rights of an owner amounts to an appropriation,<br />

and this includes, where he has come by the property (innocently or not) without<br />

stealing it, any later assumption of a right to it by keeping or dealing with it as owner.<br />

(2) Where property or a right or interest in property is or purports to be transferred for<br />

value to a person acting in good faith, no later assumption by him of rights which he<br />

believed himself to be acquiring shall, by reason of any defect in the transferor’s title,<br />

amount to theft of the property.<br />

Property<br />

Section 4(1) provides that:<br />

"Property" includes money and all other property, real or personal, including things in<br />

action and other intangible property.<br />

Edward Griew said that section 4(1) could, without changing its meaning, be reduced,<br />

by omitting words, to:<br />

"Property" includes … all … property.<br />

Sections 4(2) to (4) provide that the following can only be stolen under certain<br />

circumstances:<br />

Land or things forming part of land and severed from it (s. 4(2))<br />

Mushrooms growing wild on any land, or the flowers, fruit or foliage of plants<br />

growing wild on any land (s. 4(3))<br />

Wild creatures or the carcases of wild creatures (s. 4(4))<br />

<strong>In</strong>tangible property<br />

Confidential information and trade secrets are not property within the meaning of<br />

section 4.<br />

<strong>The</strong> words "other intangible property" include export quotas that are transferable for<br />

value on a temporary or permanent basis.<br />

Page 282 of 372

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