Handling
Encyclopedia
Handling stolen goods is the name of a statutory offence in England and Wales
and Northern Ireland
. It takes place after a theft
or other dishonest acquisition is completed and may be committed by a fence
or other person who helps the thief to realise the value of the stolen goods. It replaces the offence of receiving stolen goods under section 33 of the Larceny Act 1916
.
Handling stolen property is the name of a statutory offence in the Republic of Ireland
.
which provides:
However, property which has been returned to the original owner, or otherwise lawful custody, is no longer regarded as stolen, by section 24(3). This may create difficulties, as in Haughton v. Smith
.
It is not necessary that the property be "stolen" in a limited sense; section 24(4) of the Act specifically extends the scope to property obtained by fraud
or blackmail
. However, it is also implicit in the definition of offences such as burglary
or robbery
that handling may apply to the proceeds of these offences.
This makes the actus reus
of handling very wide; for example, in R v Kanwar, a man had brought stolen goods into the marital home, and his wife, the defendant, had lied to the police; it was held that this constituted "assisting in the retention" of those goods.
He went on to distinguish the case where a defendant has said
The situation is further complicated by the concept of recklessness or wilful blindness to the circumstances; either will be treated as a belief that the goods are stolen. Thus, suspicion will be converted into belief when the facts are so obvious that belief may safely be imputed
. So if the defendant bought goods in a pub or a dark alley for a fraction of their true value and it is clear that identification marks or serial numbers have been erased, any denial of belief by the defendant would not be credible.
. The mens rea
of the offence is the same as for theft
(see R v Ghosh 75 Cr App R 154).
ruled in Haughton v. Smith
(1973) that where goods previously stolen have been reduced into lawful possession, not only can they not be handled, but there can be no attempt to handle them. Since then, section 1 of the Criminal Attempts Act 1981
confirms that such a defendant can be convicted.
).
. A person guilty of handling stolen goods is liable, on conviction
on indictment
, to imprisonment for a term not exceeding fourteen years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum
, or to both.
(in the Crown Court
). It can also be difficult to determine the meaning of "otherwise than in the course of stealing"; it was decided in R v Hale [1979] 1 Crim LR 596 that the "appropriation" in theft may be a continuing act, so it may be difficult to determine whether a theft has been completed.
Apart from the apparent difficulties of specifying a charge that does not offend against the rule against duplicity, it has been said that "in practice almost anything a person does with stolen goods may be classified as a handling".
Section 27(3) of the Theft Act 1968 introduces a rare exception to the rule against admissibility of previous criminal conduct in the case of this offence. Evidence may be adduced (but only if handling is the only charge faced by the defendant) that the defendant (a) has been involved in similar conduct within the previous twelve months or (b) has a previous conviction for handling within five years. This is to counter repeated defences of "innocent dealing" as may be put forward by dishonest pawnbroker
s. If the defendant is facing other charges, evidence of previous bad character may be admissible under Section 98 of the Criminal Justice Act 2003.
.
.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It takes place after a theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
or other dishonest acquisition is completed and may be committed by a fence
Fence (criminal)
A fence is an individual who knowingly buys stolen property for later resale, sometimes in a legitimate market. The fence thus acts as a middleman between thieves and the eventual buyers of stolen goods who may or may not be aware that the goods are stolen. As a verb, the word describes the...
or other person who helps the thief to realise the value of the stolen goods. It replaces the offence of receiving stolen goods under section 33 of the Larceny Act 1916
Larceny Act 1916
The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences ....
.
Handling stolen property is the name of a statutory offence in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
.
Definition
This offence is created by section 22(1) of the Theft Act 1968Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
which provides:
Stolen goods
This term means property stolen anywhere, as long as the theft amounted to an offence where committed. It includes any proceeds of that property, including money for which it has been sold, and anything bought with those proceeds.However, property which has been returned to the original owner, or otherwise lawful custody, is no longer regarded as stolen, by section 24(3). This may create difficulties, as in Haughton v. Smith
Haughton v. Smith
Haughton v Smith, [1975] AC 476, [1973] 3 All ER 1109, [1974] 3 W.L.R. 1 was a case heard in the House of Lords, which held that it was impossible to commit the crime of handling stolen goods where the goods in question were not in fact stolen; nor could an offence of attempting to handle stolen...
.
It is not necessary that the property be "stolen" in a limited sense; section 24(4) of the Act specifically extends the scope to property obtained by fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
or blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
. However, it is also implicit in the definition of offences such as burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
or robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
that handling may apply to the proceeds of these offences.
Dealing
The offence of handling is drafted widely enough to criminalise any dishonest dealing with property which has been come by dishonestly; for example, the original thief may also be convicted of a subsequent handling if he later arranges its sale. A codification of the methods of dealing has been suggested as- receiving stolen goods,
- arranging to receive them,
- undertaking the keeping, removing, disposing of or realisation of stolen goods by or for the benefit of another person, or helping with any of those things, or
- arranging to do any of the things in (3).
This makes the actus reus
Actus reus
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
of handling very wide; for example, in R v Kanwar, a man had brought stolen goods into the marital home, and his wife, the defendant, had lied to the police; it was held that this constituted "assisting in the retention" of those goods.
Knowledge or belief
The accused's knowledge or belief as to the nature of the goods is crucial, but has been a constant source of interpretive problems. Either may be based on what the thief says or some other positive information, but belief is less than knowledge and more than mere suspicion. In R v Hall ([1985] 81 Cr App R 260), it was held that, per Boreham, J.,He went on to distinguish the case where a defendant has said
The situation is further complicated by the concept of recklessness or wilful blindness to the circumstances; either will be treated as a belief that the goods are stolen. Thus, suspicion will be converted into belief when the facts are so obvious that belief may safely be imputed
Imputation (law)
In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse. All laws are published and available for study in all developed states...
. So if the defendant bought goods in a pub or a dark alley for a fraction of their true value and it is clear that identification marks or serial numbers have been erased, any denial of belief by the defendant would not be credible.
Dishonestly
See DishonestyDishonesty
Dishonesty is a word which, in common usage, may be defined as the act or to act without honesty. It is used to describe a lack of probity, cheating, lying or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness...
. The mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
of the offence is the same as for theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
(see R v Ghosh 75 Cr App R 154).
Attempts to handle stolen goods
There was at one time an issue of impossibility in that the defendant may be dishonest and intend to handle goods (which he believes to be stolen) but which are not in fact stolen. The House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
ruled in Haughton v. Smith
Haughton v. Smith
Haughton v Smith, [1975] AC 476, [1973] 3 All ER 1109, [1974] 3 W.L.R. 1 was a case heard in the House of Lords, which held that it was impossible to commit the crime of handling stolen goods where the goods in question were not in fact stolen; nor could an offence of attempting to handle stolen...
(1973) that where goods previously stolen have been reduced into lawful possession, not only can they not be handled, but there can be no attempt to handle them. Since then, section 1 of the Criminal Attempts Act 1981
Criminal Attempts Act 1981
The Criminal Attempts Act 1981 is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes...
confirms that such a defendant can be convicted.
Relationship to laundering
Laundering is now an offence under ss.327/9 and 340(3)(b) Proceeds of Crime Act 2002 and the distinction with handling depends on whether the defendant's intention was to launder the proceeds of crime or merely to assist a thief. Laundering covers large amounts of money in a series of transactions over time when the defendant knows or suspects that the assets which he has concealed, acquired, used, possessed, or in respect of which he has entered into an arrangement which he knows or suspects facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person, are the proceeds of criminal conduct (compare money launderingMoney laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
).
Related offence
Section 23 of the 1968 Act creates an offence of "advertising rewards for the return of stolen goods". This prohibits public advertising for the return of such goods stating that "no questions will be asked", or offering immunity from prosecution to the returner, or stating that any monies paid for the goods will be reimbursed. This is a summary offence but is rarely prosecuted.Mode of trial and sentence
Handling stolen goods is triable either wayEither Way
"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This...
. A person guilty of handling stolen goods is liable, on conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, to imprisonment for a term not exceeding fourteen years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...
, or to both.
Procedure
The wording of Section 22 actually creates eighteen ways in which handling may be committed, This may create a problem for prosecutors in that Rule 7 of the Criminal Procedure Rules 2005, and Rule 7 of the Indictments Rules 1971 provide that only a single offence may be charged in one information (in the Magistrates' Court) or in one count of an indictmentIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
(in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
). It can also be difficult to determine the meaning of "otherwise than in the course of stealing"; it was decided in R v Hale [1979] 1 Crim LR 596 that the "appropriation" in theft may be a continuing act, so it may be difficult to determine whether a theft has been completed.
Apart from the apparent difficulties of specifying a charge that does not offend against the rule against duplicity, it has been said that "in practice almost anything a person does with stolen goods may be classified as a handling".
Section 27(3) of the Theft Act 1968 introduces a rare exception to the rule against admissibility of previous criminal conduct in the case of this offence. Evidence may be adduced (but only if handling is the only charge faced by the defendant) that the defendant (a) has been involved in similar conduct within the previous twelve months or (b) has a previous conviction for handling within five years. This is to counter repeated defences of "innocent dealing" as may be put forward by dishonest pawnbroker
Pawnbroker
A pawnbroker is an individual or business that offers secured loans to people, with items of personal property used as collateral...
s. If the defendant is facing other charges, evidence of previous bad character may be admissible under Section 98 of the Criminal Justice Act 2003.
Northern Ireland
This offence is created by section 21(1) of the Theft Act (Northern Ireland) 1969Theft Act (Northern Ireland) 1969
The Theft Act 1969 is an Act of the Parliament of Northern Ireland. It makes similar provision to the Theft Act 1968 for Northern Ireland.-Section 11 - Removal of articles from places open to the public:...
.
Republic of Ireland
The offence of handling stolen property is created by section 17(1) of the Criminal Justice (Theft and Fraud Offences) Act, 2001Criminal Justice (Theft and Fraud Offences) Act, 2001
The Criminal Justice Act, 2001 updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland.The main sections of the statute include:*Theft and Related Offences...
.