Being charged with the handling of stolen goods is an incredibly serious matter, and can have massive legal repercussions. As we will explore, those found guilty of handling and dealing in stolen goods can be deemed just as guilty as those who originally stole them, and it’s critical that those involved in these kinds of situations know how to take the right steps going forward.
Below, we have compiled a guide on how the legal system in this country treats the handling of stolen goods, looking first at the way this offence is defined, and then at the sentencing guidelines that apply to those who are found guilty.
If you have been charged with handling stolen goods, or believe that you may face charges in the near future, then it is imperative that you contact a criminal defence solicitor as soon as possible. The more time you and your legal team have to put together a solid defence, the better the outcome will likely be.
Handling stolen goods – the criminal offence
The crime of handling stolen goods is primarily defined under Section 22 of the Theft Act 1968. According to the act, someone can be found guilty of handling stolen goods if they know or have reason to believe that the goods received were stolen, and if they dishonestly assist in their removal, realisation, or disposal, or if they arrange to do so.
This means that the person does not need to be personally involved in the original theft for the offence to apply. It is also not necessary that they personally benefit from their actions.
Examples of handling stolen goods
There are a lot of different contexts in which the handling of stolen goods can occur. Below are just a few examples of what this might look like.
Buying discounted stolen goods
A common example of handling stolen goods could consist of buying goods at a large discount – such as a car, phone or piece of jewellery – in a context where it is obvious that the goods are thus discounted due to their theft.
Storing stolen goods
Another example could include storing goods for a friend that you knew were stolen, until enough time had passed that it was easier to sell them without drawing attention from the authorities.
Helping to sell stolen goods
If you were to help someone sell goods – such as household items that you know had been stolen during a home break-in – at a market, this would also likely count as handling stolen goods.
There are many other circumstances in which the handling of stolen goods can occur; it’s imperative that you work with a criminal defence solicitor, to understand whether your actions may be criminal in nature.
Intention
In the case of handling stolen goods, it’s important to note that a big part of the crime lies in the offender’s awareness of the criminal origins of the goods they’re handling. It is not enough that the goods are simply stolen for someone to be found guilty; they must reasonably believe that the goods were stolen, and be acting dishonestly in order to retain, remove, dispose of or liquidate those goods.
As a result, an effective defence (should you have the evidence to support it) can be to show that, even if you did handle the goods in question, there was no reason why you should have believed that they were stolen or of otherwise criminal origins.
Sentencing guidelines for handling stolen goods
Handling stolen goods is an incredibly serious criminal offence, as is evident in the sentencing guidelines. If found guilty under Section 22 of the Theft Act 1968, you can face a maximum sentence of up to 14 years in prison, with an offence range of between discharge and 8 years’ custody.
Of course, only the most serious of cases would result in a sentence towards the upper end of that range, but even in relatively minor cases, it’s still absolutely possible that an offender will face a life-changing custodial sentence.
Impacting factors on sentencing
As with most crimes, when determining an appropriate sentence, the court will look to assess both culpability and harm.
Harm
In this case, harm is assessed in two areas – the financial value of the goods that were stolen, and the additional harm to victims that might have resulted from the theft, robbery or burglary itself.
An offence that involves the handling of goods with a value of over £100,000, or between £10,000 and £100,000 but also involving significant additional harm, will be considered a category 1 harm case.
At the other end of the scale, an offence involving the handling of low-value goods below £1,000 and involving little to no additional harm will be considered category 4 harm.
Culpability
If someone plays a leading role in a larger group of offenders, involves others through coercion or exploitation, abuses their position of power, or is otherwise recently and closely involved in the original offence, they will likely be considered highly culpable and placed in category A.
If they acquire the goods for resale, play a significant but not leading role in a group criminal activity, or are otherwise between categories A and C, they will likely be placed in category B.
If they performed a minor role, were coerced into involvement, were only somewhat aware of the offence, or used the goods for personal use, then they will be placed in the lesser culpability category, category C.
Calculating the sentence
If someone is both highly culpable and caused a lot of harm, then they will face a starting point of five years in prison, with a category range of between 3 and 8 years in prison.
If, on the other hand, they are considered to be less culpable, and caused minimal harm, then they will face a starting point of a band B fine, with a category range of between discharge and a band C fine.
It’s vital that you take this offence seriously, and prepare your legal strategy as appropriate. The more time you and your legal team have available to you, the better things will likely be.
If you’re looking for further advice specific to your charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also get in touch with our team directly for assistance related to the charges you may be facing.
