(b) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control; shall be guilty of theft and liable to either or both of the following (i) a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater; or (ii) imprisonment for a period not exceeding twenty-five years; or both: Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for theft on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss. (2) Subject to subsection (3), a person shall also be guilty of theft if he or she holds trust property and, in breach of the terms under which it is so held, he or she intentionally (a) omits to account or accounts incorrectly for the property; or (b) hands the property or part of it over to a person other than the person to whom he or she is obliged to hand it over; or (c) uses the property or part of it for a purpose other than the purpose for which he or she is obliged to use it; or (d) converts the property or part of it to his or her own use. (3) Subsection (2) shall not apply if (a) the person holding or receiving the property has properly and transparently accounted for the property in accordance with the terms of the trust; or (b) the person disposing of the property retains the equivalent value thereof for delivery to the person entitled thereto, unless the terms under which he or she holds or receives the property require him or her to hold and deliver back the specific property. (4) For the avoidance of doubt it is declared that where a person, by means of a misrepresentation as defined in section one hundred and thirty-five, takes any property capable of being stolen, intending to deprive another person of the ownership, possession or control of the property, the competent charge is fraud and not theft. 114 Stock theft (1) In this section— “livestock” means— (a) any sheep, goat, pig, poultry, ostrich, pigeon, rabbit, or bovine or equine animal; or (b) any domesticated game; or (c) the carcass or any portion of a carcass of any slaughtered livestock as defined in paragraph (a) or (b); “produce” includes the whole or any part of any skin, hide, horn or egg of livestock or any wool or mohair. (2) Any person who (a) takes livestock or its produce (i) knowing that another person is entitled to own, possess or control the livestock or its produce or realising that there is a real risk or possibility that another person may be so entitled; and (ii) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control; or (b) takes possession of stolen livestock or its produce (i) knowing that it has been stolen; or (ii) realising that there is a real risk or possibility that it has been stolen; or (c) is found in possession of, or has been in possession of, livestock or its produce in circumstances which give rise, either at the time of the possession or at any time thereafter, to a reasonable suspicion that at the time of such possession the livestock or its produce was stolen, and who is unable at any time to give a satisfactory explanation of his or her possession; or (d) acquires or receives into his or her possession from any other person any stolen livestock or produce without reasonable cause (the proof whereof lies on him or her) for believing at the time of acquiring or receiving such livestock or produce that it was the property of the person from whom he or she acquired or received it or that such person was duly authorised by the owner thereof to deal with it or dispose of it; shall be guilty of stock theft and liable