Handling Stolen Goods

Question 1

Which extract of legislation cover handling stolen goods?

Answer 1

Section 22, The Theft Act 1968

Question 2

What is the definition of Section 22 Handling Stolen Goods?

Answer 2

A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he

1) dishonestly receives the goods, or
2) dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or
3) if he arranges to do so.

Question 3

What is it important to note about the definition of Section 22 Handling Stolen Goods?

Answer 3

That somebody who does the stealing CANNOT also be guilty of handling stolen goods

Question 4

What is the Mens Rea of Section 22 Handling Stolen Goods?

Answer 4

The person KNOWS or BELIEVES the goods to be stolen

Question 5

What is the Actus Reus of Section 22 Handling Stolen Goods? (3 parts)

Answer 5

1) dishonestly receives the stolen goods
2) dishonestly undertakes or assists in their Retention, Removal, Disposal or Realisation of stolen goods for the benefit of another
3) He arranges to do the above

Question 6

What is the epistemic threshold for a person to be guilty of Section 22 Handling Stolen Goods?

Answer 6

The must KNOW or BELIEVE the goods to be stolen - a high threshold of knowledge

Question 7

What must the status of the goods be a legitimate charge of Section 22 Handling Stolen Goods?

Answer 7

The must be STOLEN - Section 22 Handling CANNOT occur without a theft

Question 8

What is the definition of “receives” with respect to Section 22 Handling Stolen Goods?

Answer 8

To get the goods into your possession for your OWN benefit

Question 9

Does receiving require having direct control of goods with respect to Section 22 Handling Stolen Goods?

Answer 9

No - you can receive them at a remote branch of your business. Though not in your direct control, you have received them

Question 10

What elements of the Actus Reus are done for another person’s benefit in respect of Section 22 Handling Stolen Goods?

Answer 10

The
RETENTION
REMOVAL
REALISATION 
DISPOSAL of stolen goods

Question 11

What does the “realisation” of stolen goods mean?

Answer 11

The exchange of stolen goods for cash

Question 12

If the receiving (own benefit), retention, removal, realisation or disposal (other’s benefit) is done prior to the goods being stolen, can a legitimate charge of Section 22 Handling Stolen Goods be made?

Answer 12

No - these processes can only take place AFTER the stealing of the goods for a legitimate charge of Section 22 Handling Stolen Goods

Question 13

Would discussing the storing of stolen good before the goods have actually been stolen constitute a legitimate case of Section 22 Handling Stolen Goods?

Answer 13

No - the goods are not yet stolen - a prerequisite for handling

Question 14

If a theft of goods is not yet complete, can Section 22 Handling Stolen Goods be deemed to have taken place?

Answer 14

No - the theft of goods must be complete before handling can take place

Question 15

Would somebody deliberately turning a blind eye to the provenance of the goods before handling them still constitute Section 22 Handling Stolen Goods?

Answer 15

Yes - turning a blind eye WILL be deemed to amount to knowledge or belief

Question 16

What is the definition of “goods” with respect to Section 22 Handling Stolen Goods?

Answer 16

Any property as defined in the Theft Act, EXCLUDING LAND

Question 17

Can handling of goods outside of England/Wales still be deemed a contravention of Section 22 Handling Stolen Goods?

Answer 17

Yes - if it would have constituted a crime if handled within England and Wales

Question 18

If stolen goods are exchanged for cash, how is this cash considered in respect of Section 22 Handling Stolen Goods?

Answer 18

The cash is considered to be stolen goods, and anything bought with it

Question 19

Can goods which have been stolen previously ever cease to be considered stolen?

Answer 19

Yes - when back in lawful possession

Question 20

If a perpetrator mistakenly believes they are handling stolen goods when the goods are in fact not stolen at all, can a charge of Section 22 Handling Stolen Goods be brought?

Answer 20

Yes - this would constitute Attempted Handling

Question 21

What should you do if you find somebody in possession of stolen good but do not have evidence that they committed the theft?

Answer 21

Charge with both theft and handling. CPS will decide which is appropriate.

Question 22

With respect to Section 22 Handling Stolen Goods, what would be considered “recent possession”?

Answer 22

This is dependant on the goods in question. Generally smaller/less valuable goods have a shorter threshold for being deemed recent.