OpenLegislation

Section 72 Evidence of thing being postal packet, and of consent of Postmaster-General to prosecution.C1

United Kingdom

(1)

On the prosecution of any offence against this Act, whether summarily or on indictment, evidence that any article is in the course of transmission by post, or has been accepted on behalf of the Postmaster-General F1or the Post office for transmission by post, shall be sufficient evidence that the article is a postal packet.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F3C23)I

n any proceedings in England or Wales for an offence under section 53, 55, 56, 57 or 58 of this Act, section 27(4) of the M1Theft Act 1968 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post; and in the case of proceedings under section 53 of this Act a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in the declaration subject to the same conditions as under section 27(4)(a) and (b) of the M2Theft Act 1968 apply to declarations admissible under section 27(4).

F4(4)

In any proceedings in Northern Ireland for an offence under section 53, 55, 56, 57 or 58 of this Act, section 26(5) of the M3Theft Act (Northern Ireland) 1969 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post; and, in the case of proceedings under section 53 of this Act, a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in declaration subject to the same conditions as under section 26(5)(a) and (b) of the Theft Act (Northern Ireland) 1969 apply to declarations admissible under section 26(5).

Annotations

Textual amendments

F1

Words inserted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(17)

F2

S. 72(2) repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. II

F3

S. 72(3) added by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. II

F4

S. 72(4) added by Theft Act (Northern Ireland) 1969 (c. 16), Sch. 2

Marginal citations

M1

1968 c. 60.

M2

1968 c. 60.

M3

1969 c. 16 (N.I.)

Modifications

C1

S. 72 applied (with modifications) (7.3.2001) by 2001/878, art. 14 (wth art. 17)

C2

S. 72(3) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(18)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.1.2001 for ss. 29, 44, 45, and 26.3.2001 otherwise) by 2000 c. 26, ss. 127(6), 130(1), Sch. 9 Note; S.I. 2000/2957, art. 2(2), Sch. 2 Table; S.I. 2001/878, art. 2, Sch. Table (subject to transitional and saving provisions in arts. 3-17); S.I. 2001/1148, art. 2(2), Sch. Table (subject to arts. 3-42)