[2001.]
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[No. 50.]
court or the jury, as the case may be, is satisfied having regard to all Pt.3 S.17
the evidence that there is a reasonable doubt as to whether he or she
so knew or was so reckless.
(3) A person to whom this section applies may be tried and convicted whether the principal offender has or has not been previously
convicted or is or is not amenable to justice.
(4) A person guilty of handling stolen property is liable on conviction on indictment to a fine or imprisonment for a term not
exceeding 10 years or both, but is not liable to a higher fine or longer
term of imprisonment than that which applies to the principal
offence.
18.—(1) A person who, without lawful authority or excuse, possesses stolen property (otherwise than in the course of the stealing),
knowing that the property was stolen or being reckless as to whether
it was stolen, is guilty of an offence.
Possession of stolen
property.
(2) Where a person has in his or her possession stolen property in
such circumstances (including purchase of the property at a price
below its market value) that it is reasonable to conclude that the
person either knew that the property was stolen or was reckless as
to whether it was stolen, he or she shall be taken for the purposes of
this section to have so known or to have been so reckless, unless the
court or the jury, as the case may be, is satisfied having regard to all
the evidence that there is a reasonable doubt as to whether he or she
so knew or was so reckless.
(3) A person to whom this section applies may be tried and convicted whether the principal offender has or has not been previously
convicted or is or is not amenable to justice.
(4) 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, but is not liable to a higher fine or longer
term of imprisonment than that which applies to the principal
offence.
19.—(1) Where a member of the Garda Sı́ochána—
(a) has reasonable grounds for believing that an offence consisting of stealing property or of handling stolen property
has been committed,
(b) finds any person in possession of any property,
(c) has reasonable grounds for believing that the property
referred to in paragraph (b) includes, or may include,
property referred to in paragraph (a) or part of it, or the
whole or any part of the proceeds of that property or
part, and
(d) informs the person of his or her belief,
the member may require the person to give an account of how he or
she came by the property.
(2) If the person fails or refuses, without reasonable excuse, to
give such account or gives information that the person knows to be
false or misleading, he or she is guilty of an offence and is liable on
17
Withholding
information
regarding stolen
property.