Go Equipped

Question 1

Which extract of legislation covers Going Equipped for Stealing etc.?

Answer 1

Theft Act 1968 Section 25

Question 2

How is Going Equipped triable?

Answer 2

Either way

Question 3

What is the indictment penalty for Going Equipped?

Answer 3

3 years’ imprisonment

Question 4

What is the summary penalty for Going Equipped?

Answer 4

6 months imprisonment and/or fine

Question 5

What is the definition of Going Equipped?

Answer 5

When not at his place of abode, he has with him any article for use in the course of, or in connection with any crime (usually burglary or theft)

Question 6

What is the definition of “place of abode”

Answer 6

Where the defendant resides

Question 7

Does “place of abode” include a person’s business operation?

Answer 7

No - unless this is simultaneously the person’s residence also

Question 8

Can a vehicle be counted as a defendant’s abode?

Answer 8

Yes - so long as it is parked where the persons abides or intends to abide

Question 9

What is the exception to a vehicle being a place of abode?

Answer 9

If a defendant is found with any articles in their vehicle whilst the vehicle is away from the place of abode (whether stationary or in transit), an offence will be committed

Question 10

Is “has with him” the same as possession?

Answer 10

No - the definition of “has with him” is narrower than mere possession. The article(s) must be in the defendant’s immediate control.

Question 11

Are articles in immediate control within the defendant’s bag or car, at the workplace or on their person, sufficient for “has with him”?

Answer 11

Yes

Question 12

What is the definition of “article”?

Answer 12

Almost any physical object for use in regard of a burglary or theft

Question 13

What is the main known exception to “article”?

Answer 13

Animate objects i.e. a trained monkey

Question 14

What is the definition of “in the course of or in connection with”?

Answer 14

Any preparatory act of equipping for a burglary, theft or taking of a conveyance (TWOC)

Question 15

Must if be proven that the person having the article with them intended to use it directly for Going Equipped?

Answer 15

No - it is sufficient to prove they intended the article to be used by SOMEONE for one of the relevant offences

Question 16

Can a vehicle passenger be deemed guilty if articles are found in the same vehicle in which they are sat?

Answer 16

No - this is not sufficient to prove an offence

Question 17

What usage of the articles must be proved for the commission of the offence?

Answer 17

Their FUTURE use.

It is NOT enough to show the defendant had articles that had been used for a proscribed offence

Question 18

What can help evidence that the possession of an article is for the purpose of one of the proscribed offences?

Answer 18

If it can be proven that an article was made, adapted or intended for burglary or theft, this is sufficient evidence the person has it with them for that purpose

Question 19

Does the power of search under Section 1 of the Police & Criminal Evidence Act 1984 apply to Going Equipped?

Answer 19

Yes

Question 20

What sort of arrest is one based on Going Equipped Theft Act 1968 Section 25?

Answer 20

A precursor arrest - stopping people before they carry out crimes

Question 21

Does an offence have to have already taken place to charge with Going Equipped?

Answer 21

No - the charge is applied ahead of an offence being committed

Question 22

Can a caravan be deemed a “place of abode”?

Answer 22

Yes - so long as it is situated on a designated site

Question 23

Can a campervan be deemed a “place of abode”

Answer 23

Yes - so long as it is stationary, not in transit

Question 24

Must the person “know” they have the article for a charge of Going Equipped?

Answer 24

Yes - they cannot have the article unwittingly

Question 25

What must the article be for a legitimate charge of Going Equipped?

Answer 25

It must be for some future use - it is not enough to have an article when coming back from a job

Question 26

Must the prosecution prove the defendant had a particular crime in mind for a charge of Going Equipped?

Answer 26

No - it is not necessary to show that a particular crime was in mind, only that it would have been sufficient for use in burglary, theft or TWOC

Question 27

If an article is mundane or inoffensive, what must the prosecution show to justify a charge of Going Equipped?

Answer 27

More evidence of intention will be required in relation to the defendant

Question 28

What is key to remember with regard to Going Equipped?

Answer 28

The defendant must have had the article BEFORE any offence