Handling

Question 1

s22 Theft Act 1968 - Handling
E/W 14 yrs / 6 mths / fine

A person handles stolen goods (o/wise than in the course of stealing) KNOWING or BELIEVING them to be stolen goods he DISHONESTLY receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he ARRANGES to.

Apply conspiracy offences to goods not already stolen.

Turning a blind eye can be capable of proof of knowledge or belief.

Suspicion not sufficient.

Retaining innocently purchased stolen items not handling. Must handle them!

If goods not stolen (fact for jury) NOT handling.

Goods obt by robbery, fraud, wrongful credits and blackmail are stolen.

Recent possession is Q of fact. Property found in def’s possession which was stolen 2/3 months earlier was NOT recent possession.

Money received in receipt of stolen goods BUT not from handler or thief NOT stolen property.

eg person innocently purchases stolen goods but sells them on, money they receive is not stolen property.

Answer 1

If goods stolen o/s uk will be offence if the ‘stealing’ amounts to an offence under their law.

Stolen property is also the proceeds of stolen property.

s27(4) must serve copy declaration that property in course of transmission have been stolen to def >=7 days be hearing and w/in 3 days of hearing def not served written notice on pros requiring attendance of person making declaration at court.

Receiving/Arranging (d/not need to be physical possession) - Def acts for own benefit.
Arranging is not quite an attempt but incl acts merely preparatory.

Assisting/acting for anothers benefit - def acts for benefit of another
incl misleading PC on search and disposal of property
If def and co-acc on same charge are only ones to benefit - will not have assisted/acted.

Can obt search warrant and seize ANY goods believe to be stolen

GUILTY KNOWLEDGE (if charged with handling only)
To prove he knew/believed goods to be stolen can disclose;-
- prev possession of stolen goods <= 12 months prior to charge even if not found guilty.
- if given 7 days notice in writing, charges, pre cons for theft/handling w/in 5 yrs of offence