Handling stolen goods

Question 1

Handling stolen goods

Answer 1

S22 Theft Act 1968

Question 2

Handling stolen goods level of offence

Answer 2

Either way

Question 3

Handling stolen goods definition

Answer 3

A person handles stolen goods if they (otherwise 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 realisation by or for the benefit of another person, or if he arranges to do so.

Question 4

Goods

Answer 4

Any property except land

Question 5

Stolen goods

Answer 5

Stolen goods = goods gained through theft, includes robbery and burglary if they include a theft. Also goods obtained through fraud and blackmail.
Don’t need to have convicted of the thief before prosecuting the handler or even know who the thief was.
If goods are sold for cash or exchanged for other goods, that cash or the subsequent goods are regarded as stolen.
Goods are stolen until they are restored to rightful owner or other lawful possession.

Question 6

Mens rea

Answer 6

D must know or believe the goods are stolen
Turning a blind eye to the facts may amount to believing
ALSO
D must have handled the goods dishonestly
Ivey test
Would they believe buying a stolen item would be dishonest?

Question 7

Actus reus

Answer 7

Broken down into 2 parts-
Receiving/arranging to receive stolen goods - D acts for his own benefit
Assisting/acting for the benefit of another - assistance to/benefit of another must be proved

Question 8

Retention

Answer 8

Keeping the goods somewhere

Question 9

Removal

Answer 9

Moving goods from one place to another

Question 10

Disposing of

Answer 10

Getting rid of goods

Question 11

Realisation

Answer 11

Converting goods into something else - whatever you convert them into will be regarded as stolen goods

Question 12

Can the thief commit the offence of handling stolen goods?

Answer 12

Rarely

Only if they lost total control of the property then later get the stolen property back

Question 13

Power to search for stolen goods

Answer 13

S26 Theft Act 1968

Provides a general power to search for and seize stolen goods

Question 14

Bad character evidence

Answer 14

S27 Theft Act 1968
Where handling is the only charge faced by D, and evidence has been given of his handling the stolen goods, the following evidence shall be admissible for the purpose of proving that he knew/believed that the goods were stolen-
Evidence that he had been involved in similar conduct within the previous 12 months, and
Evidence that he has a previous conviction for theft or handling within the previous 5 years.

Question 15

Handling defence

Answer 15

D took possession of stolen goods but did not know or believe that that were stolen