Property Offences - Handling Stolen Goods

Question 1

What type of offence is Handling Stolen Goods?

Answer 1

Either way offence

Question 2

What legislation covers Handling Stolen Goods?

Answer 2

s.22 of the Theft Act 1968

Question 3

What is the definition of Handling Stolen Goods?

Answer 3

A person handles stolen goods if otherwise than in the course of stealing, knowing or believing them to be stolen goods, they dishonestly receive the goods or dishonestly undertake or assist in their retention, removal, disposal, or realisation by or for the benefit of another person or if they arrange to do so

Question 4

What is the maximum sentence for handling stolen goods?

Answer 4

14 years imprisonment

Question 5

What is the mens rea for handling stolen goods?

Answer 5

• Defendant must know or believe the goods to be stolen
• Turning a blind eye to the facts can be capable

Question 6

What is the actus reus for handling stolen goods?

Answer 6

• receiving/ arranging to receive stolen goods, acting for his/ her own benefit
• assisting/ acting for the benefit of another person, in which case that assistance to another or benefit of another must be proved

Question 7

Examples of assisting/ acting for another’s benefit - handling stolen goods

Answer 7

• misleading police officers during a search (R v Kanwar)
• disposing of the stolen goods or assisting in their disposal/ moving them or converting them into a different form (R v Forsyth)

Question 8

What is the power to search for and seize stolen goods?

Answer 8

S.26 Theft Act 1968 - warrant granted by court if reasonable belief that stolen goods will be found

Question 9

Can a person who buys a car, not knowing it to be stolen, be convicted of handling stolen goods if they later find out it was stolen and sell it on?

Answer 9

No - must knowingly receive the goods from the thief or facilitate in their disposal
- a person who purchases goods in good faith and sells the goods after discovering they have been stolen does not commit an offence in this section, even if the transaction could be described as a disposal or realisation for the benefit of the buyer.
- this would be an example of fraud by false representation

Question 10

Stolen Goods (Apart from the Original Stolen Goods)

Answer 10

• represent the stolen goods in the hands of the thief and/ or the handler.
• e.g. if a car is stolen and the thief sells it to another person for £3k telling him it was stolen, he then takes the money and buys a watch - the car in the hands of the thief, the car in the hands of the buyer, the money and the watch would all be classed as stolen goods

Question 11

When does something cease to be stolen goods?

Answer 11

If it is in innocent possession and the possessor has no idea of its origin

HOWEVER

the original stolen goods will only cease to be stolen goods when they have been restored to the person from who they were stolen or to other lawful possession or custody or after that person and any other person claiming through them have otherwise ceased as regards those goods to have any right to restitution in respect of the theft (s. 24(3))

Question 12

Does the person stealing the goods commit the offence of handling stolen goods?

Answer 12

No

Question 13

Can an offence of handling stolen goods happen if the theft never took place?

Answer 13

No

Question 14

S.27 Theft Act 1968 - Declaration of Proof of Goods

Answer 14

• can be made in any proceedings of theft/ handling stolen goods from that theft
• the declaration can be made by the person who dispatched the goods or the person who failed to receive the goods
• admissible if a where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings and copy of the statement is given to the person charged at least seven days before the hearing of the trial and he/she has not, within three days of the hearing, served written notice on the prosecutor requiring the attendance of the person making the declaration.

Question 15

Section 27 Theft Act 1968 - Prove that the Defendant Knew or Believed the Goods to be Stolen

Answer 15

Section 27 of the Act can be used to prove that the defendant knew or believed the goods to be stolen goods if he:

(i) had in his possession, or has undertaken or assisted in the retention, removal, disposal or realisation of, stolen goods from any theft taking place not earlier than 12 months before the offence charged; and

(ii) evidence that he has within five years preceding the date of the offence charged been convicted of theft or of handling stolen goods.

The prosecution may only use s. 27 if the defendant is being proceeded against in relation to a charge of handling stolen goods alone and not any other offence. (e.g. can’t use if being charged with both theft and handling stolen goods)

Question 16

Is there any need to prove that the thief has been convicted of theft before prosecuting for handling stolen goods?

Answer 16

No

Question 17

What do references to stolen goods include?

Answer 17

• any other goods which directly or indirectly represent or have at anytime represented the stolen goods in the hands of the thief or the handler
• the goods originally stolen and parts of them

Question 18

What must be proved if someone is accused of handling goods stolen from a specific person or place?

Answer 18

ownership of the goods will become an integral part of the prosecution case and it will be necessary to provide evidence proving that aspect of the offence (Iqbal v DPP [2004] EWHC 2567 (Admin)).

Question 19

Use of Previous Convictions in Handling Stolen Goods

Answer 19

Seven days’ notice in writing must be given to the defendant that the prosecution intend to prove previous convictions. The defendant’s previous convictions can be for theft or handling stolen goods; however, the conviction for the offence must be in the five years preceding the date of the offence charged.

Question 20

What do stolen goods include?

Answer 20

Section 24(4) states that stolen goods include goods that have been obtained in England and Wales or elsewhere either by blackmail or by fraud.