[No. 50.]
Pt.9 S.63
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
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.’’.
Amendment of Bail
Act, 1997.
64.—The Schedule to the Bail Act, 1997, is hereby amended by
the substitution, for the matter contained in paragraph 17, of ‘‘Any
offence under the Criminal Justice (Theft and Fraud Offences) Act,
2001.’’ and by the deletion of the section headed ‘‘Forgery etc.
offences.’’.
Effect of Act and
transitional
provisions.
65.—(1) This Act, save as otherwise provided by it, shall, as
regards offences under any of its provisions, have effect only in
relation to offences wholly or partly committed on or after the commencement of any such provision.
(2) No repeal or amendment by this Act of any enactment relating
to procedure or evidence or to the jurisdiction or powers of any
court or to the effect of a conviction shall affect the operation of the
enactment in relation to offences committed before the commencement of this Act or to proceedings for any such offence.
(3) If—
(a) a person is charged in the alternative with having committed
an offence under a statute or rule of law in force immediately before the commencement of this Act and an
offence under this Act, and
(b) it is proved that the person did acts which would constitute
either of the offences charged, but it is not proved
whether those acts were done before or after such commencement,
the person may be convicted of the first-mentioned offence but shall
not be liable to a penalty greater than the lesser of the maximum
penalties provided for the two offences with which the person was
charged.
(4) Except as regards offences committed before the commencement of this Act and except where the context otherwise requires—
(a) references in any enactment passed before this Act to an
offence abolished by this Act shall, subject to any express
amendment or repeal made by this Act, have effect as
references to the corresponding offence under this Act,
and
(b) without prejudice to paragraph (a), references, however
expressed, in any enactment, whenever passed, to theft or
stealing (including references to stolen goods) or related
offences, and references to robbery, burglary, aggravated
burglary, receiving or handling stolen property, forgery
or counterfeiting shall be construed in accordance with
the provisions of this Act, and any such enactment shall
have effect accordingly, with any necessary modifications.
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