Part IV Offences, Powers of Constables, etc.
Preventive offences
58 Convicted thief in possession.
1
Any person who, being a person to whom this section applies—
a
has or has recently had in his possession any tool or other object from the possession of which it may reasonably be inferred that he intended to commit theft or has committed theft; and
b
is unable to demonstrate satisfactorily that his possession of such tool or other object is or was not for the purposes of committing theft
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.
2
For the purposes of subsection (1) above, a person shall have recently had possession of a tool or other object if he had possession of it within 14 days before the date of—
a
his arrest without warrant for the offence of having so possessed it in contravention of subsection (1) above; or
b
the issue of a warrant for his arrest for that offence; or
c
if earlier, the service upon him of the first complaint alleging that he has committed that offence.
3
4
This section applies to a person who has two or more convictions for theft which are not, for the purposes of the M1Rehabilitation of Offenders Act 1974, spent convictions.
F44A
In subsection (4), the reference to a conviction for theft includes—
a
a reference to a conviction by a court in England and Wales or Northern Ireland, and
b
if the court considers appropriate, a reference to a conviction by a court in a member State of the European Union
of an offence that is equivalent to theft.
4B
Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.
5
In this section “theft” includes any aggravation of theft including robbery.