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Offense

Removing Article from Place Open to the Public

Property Offenses Without Violence

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 Penalty
Imprisonment for a term not exceeding five years on conviction on indictment (England and Wales) 1
Elements of Offense
Without 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 Example
The 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 Variation
Northern Ireland: the offence is created by section 11(1) of the Theft Act (Northern Ireland) 1969 1
Classification
Offense Grade
Minor or Summary Offense 1
Connections

Has Offense Grade

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Found In

Also in Geography Atlas: where this subject is found.

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 Source
legislation.gov.uk (The National Archives): Theft Act 1968, section 11
legislation.gov.uk (The National Archives)In Group: Theft, Larceny and Shoplifting, Section text
Quote, 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.
View the Source
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