233 Being disguised or in possession of instrument for burglary

(1)

Every one is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse,—

(a)

has in his or her possession any instrument capable of being used for burglary with intent to use it for such a purpose; or

(b)

has his or her face covered or is otherwise disguised with intent to commit any imprisonable offence.

(2)

If any person is convicted of being in possession of an instrument for burglary, the court may, if it thinks fit, order the instrument to be forfeited to the Crown or disposed of as the court directs at the expense of the convicted person, and may order the person to pay any reasonable cost incurred by the Commissioner of Police in retaining the instrument.

Compare: 1961 No 43 s 244; 1999 No 93 s 97(d)

Section 233: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Section 233(1)(b): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).