Handling stolen goods Flashcards
What legislation concerns handling stolen goods?
Section 22 Theft Act 1968
When does a person commit the offence handling stolen goods (s22 theft act 1968)?
A person handles stolen goods if (otherwise than in the course of the 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 realisation by or for the benefit of another person, or if he arranges to do so.
Can land be stolen?
Stolen goods include money and every other description of property, except land. It also includes things severed from the land by stealing. Goods obtained by means such as blackmail or fraud are included within the definition of stolen goods.
Mode of trial/punishment for handling stolen goods
This crime can be tried either way. It can be tried at the magistrates court or the Crown Court. The maximum punishment at the Crown Court is set out in Section 22 (2) Theft Act 1968 at 14 years imprisonment.
What are the 2 types of ‘handling’?
The two different types are as follows:
A person who receives the goods themselves.
A person who manages the goods for the benefit of another.
Scenario (handling)
A person can’t handle something they have stolen themselves unless their role in the theft is complete and they come back into possession of the item illegally later. You can’t be a handler and a thief at the same time.
For example, Geoff has stolen a jacket for his sister, Elsa. At this point Geoff’s theft of the jacket is complete.
Elsa later decides she doesn’t want the jacket and returns it to Geoff. He takes the jacket back from Elsa. At this point he is now handling of stolen goods.