Going Equipped

Question 1

Going Equipped to Steal - S.25(1) Theft Act 1968

Answer 1

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.

Question 2

Define Abode

Answer 2

The place or site where someone lives.
Can include car or caravan (not abode whilst in transit)

Question 3

Has With Him (Going Equipped)

Answer 3

Knowledge of the existence of the article and is ready to use. May be
In a pocket/backpack/car or hidden in a bush a few feet away.

Question 4

“Any Article” (Going Equipped)

Answer 4

Can be:
-Foil lined bag for blocking security barriers
-Car registration plates
-Wire Cutters, gloves and torch
-Pliers
-Magnets for removing security tags.

Question 5

For Use in the course of or in connection with.. (Going Equipped)

Answer 5

-Possession must be prior to the commission of the offence (R v Ellames [1974])
-Articles needs direct connection to burglary or theft.

Question 6

S.25(3) Theft Act 1968

Answer 6

-Article made or adapted for theft/burglary then it is evidence the defendant had it for that purpose
-On defendant to prove this was not the course.

Question 7

Going Equipped Sentencing

Answer 7

Either Way Offence
Summary - 6 months imprisonment and/or fine
Indictable - 3 years imprisonment and/or fine