Going Equipped

Question 1

What offence would someone lurking outside a factory gate at night with a crowbar in their possession potentially be charged with?

Answer 1

Going equipped under Section 25 Theft Act 1968

Question 2

If someone is found with a foil lined bag in a high street shop to interfere with the signal of the security tags what offence could this be?

Answer 2

Going equipped (S25 Theft Act 1968)

Question 3

If someone is going with a crowbar to break into a car and take it for a joyride but is stopped before they get to the car what offence could this be?

Answer 3

Going equipped (S25 Theft Act 1968).
Although TDA isn’t theft / burglary it can be considered an offence under Section 25.

Question 4

John has a fake gas board ID he knocks on a lady’s door intending to use it to get into the house and burglar it while she is making tea. Has John gone equipped?

Answer 4

Yes

Question 5

Jude is on a train with a fake credit card in his bag which he intends to use later to buy some clothes. Is this going equipped?

Answer 5

No. He doesn’t intend to commit burglary, TDA or theft but rather fraud.

Question 6

Julián lives in his car. On the front set of the car is a set of keys he intends to use to break into some houses. He is stopped by police driving towards the houses. Is he going equipped?

Answer 6

Yes. Although he lives in his car he isn’t using it as his abode at the time and is using it as a mode of transport.

Question 7

Where is going equipped defined in law?

Answer 7

Section 25 of the Theft Act 1968

Question 8

What offences would someone going equipped be ‘on their way’ to?

Answer 8

Theft, burglary and taking a conveyance (TDA)

Question 9

Where / what location could someone be in to mean they couldn’t be going equipped?

Answer 9

At their place of adobe

Question 10

What does Section 25 of the Theft Act 1968 say?

Answer 10

A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft (including TDA)

Question 11

What is a persons place of abode?

Answer 11

Where they live. Could be their car, a boat, house, flat etc

Question 12

Can someone’s car be their place of abode or is it a mode of transport?

Answer 12

Can be both. If they are using it as a mode of transport it isn’t their abode.

Question 13

What type of offence is going equipped?

Answer 13

Either way (crown court and magistrates court)

Question 14

What is the sentencing guidelines for going equipped?

Answer 14

Up to three years imprisonment at crown court
Up to six months imprisonment at magistrates court

Question 15

What offence that isn’t theft or burglary can going equipped under S25 of the theft act cover?

Answer 15

Taking a conveyance (TDA). Even though TDA isn’t theft or burglary S25 (5) states that under S25 TDA shall be treated as theft

Question 16

With respect to going equipped, what is an article?

Answer 16

This can be anything as long as you can prove it was for use in the course of, or in connection with, any theft or burglary

Question 17

How could you prove someone had an article to use in connection with a theft / burglary and was going equipped?

Answer 17

Either by admission or context

Question 18

With respect to going equipped, what is actual possession and what is constructive possession?

Answer 18

Actual possession is when they have an article physically on them
Constructive possession is when the article is not in their direct physical control / person but is nearby (ie under a car seat or in a bag close by) or a person is carrying it for you

Question 19

Is possession of an article enough to satisfy the charge of going equipped?

Answer 19

No. The courts must be satisfied the article was going to be used in connected with / in the course of a theft, burglary or TDA

Question 20

Can you go equipped to steal a bike?

Answer 20

No. Going equipped is only for theft, burglary or TDA / for taking a conveyance EXCLUDING bikes / pedal cycles