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Removal of articles from places open to the public

s.11Theft Act 1968

Removing, without lawful authority, an article displayed to the public in a building that the public visit to view the building or a collection housed in it.

Removal of articles from places open to the public · Theft Act 1968, s.11Card 30 / 195

Points to prove

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
Without lawful authority
Removed 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
s.11(2)If the article is not part of (or on loan to) a collection intended for permanent exhibition, it was removed on a day when the public had access

Key definitions

Collection – s.11(1): includes a collection got together for a temporary purpose, such as a touring exhibition. It does not include a collection made or shown for selling or other commercial dealings, such as a shop display or a sale room.
Building – the public must have access in order to view the building or its collection. Museums, galleries, stately homes and churches open for visits are typical. Access may be limited to a particular period or occasion (s.11(2)).
Article displayed or kept for display – covers items on show and those kept for display, such as items in storage between rotations. Items displayed in the grounds are included.

Defences

Belief in lawful authority – s.11(3): no offence if the person believes they have lawful authority for the removal, or would have it if the person entitled to give it knew of the removal and the circumstances.

Good to know

There is no need to prove dishonesty or an intention permanently to deprive. That is the point of the offence: it covers “borrowing” an exhibit, where theft would fail.
The section followed the 1961 removal of Goya’s portrait of the Duke of Wellington from the National Gallery. The painting was later returned and the taker was acquitted of stealing it.
The statute only states the Crown Court maximum. It is triable either way under Schedule 1 to the Magistrates’ Courts Act 1980.

Legislation: Theft Act 1968, s.11 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Removal of articles from places open to the public: questions people ask

What are the points to prove for removal of articles from places open to the public?

1. 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 2. Without lawful authority 3. Removed from the building or its grounds 4. 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 5. If the article is not part of (or on loan to) a collection intended for permanent exhibition, it was removed on a day when the public had access

What is the maximum sentence for removal of articles from places open to the public?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is removal of articles from places open to the public a summary, either-way or indictable offence?

Removal of articles from places open to the public is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is removal of articles from places open to the public?

Removal of articles from places open to the public is an offence under the Theft Act 1968, s.11.

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