Handling Stolen Goods Flashcards
‘Goods’ includes what?
‘Money and every other description of property, except land, and includes things severed from the land by stealing’ (s 34(2)(b) of the Theft Act 1968).
They have to have been obtained through theft, blackmail or fraud (s 1 and 21 of the Theft Act 1968 and s 1 of the Fraud Act 2006).
What are ‘notionally stolen goods’?
Stolen goods which include any gain or return from the disposal of the original stolen items, such as money or other items which have been received in exchange (s 24(2) of the Theft Act 1968).
After the original theft there is often a whole chain of events, and each of the handlers in the process commits the offence of handing stolen goods.
This only occurs in what circumstance?
If each has guilty knowledge (mens rea) that the goods were originally acquired by theft.
The chain will only be broken when a person receiving the goods is unaware of their origins.
Key features of s 22 of the Theft Act 1968.
Committed when a person handles goods that they know or believe to have been stolen.
The person can receive the items, or agree to or assist with their retention, removal, disposal or realisation by another person.
It is also an offence to make arrangements for any of these acts.
The meaning of receiving has been established through case law as what?
‘Gaining possession or control’ and would obviously include carrying or holding the goods.
Having control over goods, is when a person has remote possession; the goods could be kept in storage in a garage or lock up for example.
The receiver does not need to gain in any way from the handling of the goods, but he/she must known the the goods are stolen at the time of their receipt, and there must be proof that the goods were actually received.
The offence of handling stolen goods can also be committed by a person who is involved in the retention, removal, disposal or realisation of the goods, where.
What does retention, removal, disposal and realisation mean?
Retention means continuing to possess something (especially when someone else wants it).
Removal means taking something away from the place where it was.
Disposal means passing on, getting rid of, giving away.
Realisation means obtaining money or profit by selling something.
Official handling stolen goods legislation?
(s 22 of the Theft Act 1968)
It is an offence to either…dishonestly undertake or assist in.. the retention, removal, disposal or realisation of stolen goods…by or for the benefit of another person.
The offence of handling stolen goods
Penalty
(s 22 of the Theft Act 1968)
Triable either way, the penalty if tried summarily is 6 months imprisonment and/ or a fine, and on indictment up to 14 years imprisonment.
Is it enough for a handler of stolen goods to merely ‘suspect’ they are stolen?
The handler must know or believe that the items have been stolen for his/her actions to be dishonest, suspicion would not be enough.
A suspect would know the goods were stolen if he/she had been told by the thief or someone with first hand knowledge, or might believe that they were stolen if there was no other likely explanation in the circumstances.
What factors will be taken into account in order to establish distinction between ‘handling’ and ‘theft’?
Whether the theft was complete
Whether there was a break in the proceedings
Whether the suspect handler became involved only after the theft had occured.
Ellis goes to a large out of town electrical store. She takes two DAB radios and hides them in a bin outside the store. Sal then takes them away….
What are some different scenarios to illustrate some differences between ‘handling’ and ‘theft’?
Sal is waiting by pre arrangement and takes the radios away….THEFT.
Sal arrived half an hour later by pre-arrangement, and takes the radios away…THEFT (may be handling of Sal pays Ellis for goods).
Sal is told where the radios are, but only after they have been stolen. Sal then collects the radios…HANDLING.
How can a theft become a handler of the property that he/she originally stole?
If they lose control of the property and later decides (whilst the goods can still be referred to as stolen goods) to have dealings with the property once again.
What are wrongful credits?
A credit is ‘wrongful’ if the funds concerned were derived from theft, blackmail, fraud or stolen goods.
A person is guilty of an offence under s 24A of the Theft Act 1968 if he/she fails to take reasonable steps for a wrongful credit to be cancelled.
The wrongful credit must have been made to an account kept by him/her (including a joint account).
He/she must know or believe the credit wrongful.
What is the penalty for wrongful credits?
The maximum sentence for this offence is ten years imprisonment.
It is an offence under what act to benefit from any kind of proceeds of crime?
Proceeds of Crime Act 2002 (POCA)
Criminals will often try and convert the proceeds of crime into assets in order to make their origin appear legitimate, often referred to as money laundering.
