Removing article from place open to the public is a statutory offense in England and Wales and in Northern Ireland, created by section 11 of the Theft Act 1968, which criminalizes removing without lawful authority the whole or part of an article displayed or kept for display in a building, or its grounds, that the public may enter to view. A person is not guilty if they honestly believe they have lawful authority for the removal, and the offense only applies while the public has access to the location. It carries a maximum sentence of five years imprisonment on indictment in England and Wales, or up to six months or a fine on summary conviction, and the provision is colloquially known as the Goya clause after the unauthorized removal of Goya's portrait of the Duke of Wellington from the National Gallery, the episode that prompted it.
Facts
Typical PenaltyImprisonment for a term not exceeding five years on conviction on indictment (England and Wales) 1 Elements of OffenseWithout lawful authority, removing from a building open to the public, or its grounds, the whole or part of any article displayed or kept for display to the public 1 Notable ExampleThe unauthorised removal of Goya's portrait of the Duke of Wellington from the National Gallery, which gave the provision its nickname, the Goya clause 1 Jurisdiction VariationNorthern Ireland: the offence is created by section 11(1) of the Theft Act (Northern Ireland) 1969 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
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Sources
1. Removing article from place open to the public, Wikipedia
England and Wales
any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to the public in the building
England and Wales, Mode of trial and sentence
to imprisonment for a term not exceeding five years
The Goya clause
Goya's portrait of the Duke of Wellington
Northern Ireland
This offence is created by section 11(1) of the
View the Sourcelegislation.gov.uk (The National Archives): Theft Act 1968, section 11
legislation.gov.uk (The National Archives)In Group: Theft, Larceny and Shoplifting, Section textQuote, In Group: Theft, Larceny and Shoplifting, Section text
Subject to subsections (2) and (3) below, where the public have access to a building in order to view the building or part of it, or a collection or part of a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to the public in the building or that part of it or in its grounds shall be guilty of an offence.
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