Handling stolen goods.

What is meant by 'handling stolen goods'

Handling stolen goods is a criminal offence under the Theft Act 1968. It applies where a person deals with property they know or believe has been stolen, even if they were not involved in the original theft.

The offence is treated seriously because handling stolen goods helps thieves profit from crime. Stolen goods often pass through several people after the original theft, and those who buy, store, move, sell or help dispose of them can face prosecution.

What Are Stolen Goods?

Goods can include most forms of property other than land. This may include cash, jewellery, vehicles, phones, tools, clothing, electronics, bicycles, machinery, business stock or other items.

Goods can still be treated as stolen even if they were stolen outside England and Wales, provided the legal requirements are met. The offence can also apply where stolen goods have been converted into other property, such as money received from selling stolen items.

What Does Handling Mean?

Handling is wider than simply holding stolen property. A person may commit the offence if they dishonestly receive stolen goods, arrange to receive them, help retain them, help remove them, help dispose of them, help sell them or assist in realising their value for someone else.

This means a person may be accused of handling if they store stolen goods for a friend, move them in a vehicle, sell them online, arrange a buyer, hide them, pass them on, or benefit from their sale.

Knowing or Believing the Goods Are Stolen

The prosecution must prove that the person knew or believed the goods were stolen. Suspicion alone may not be enough, but the court can look at all the circumstances when deciding what the person knew or believed.

Relevant factors may include a very low price, cash-only sale, missing paperwork, removed serial numbers, unusual arrangements, secrecy, inconsistent explanations, or the person's relationship with the original thief.

Dishonesty

Handling stolen goods requires dishonesty. The court will consider the person's actual knowledge or belief and whether their conduct was dishonest by ordinary standards.

A person who genuinely did not know or believe the goods were stolen may have a defence. However, deliberately ignoring obvious warning signs can create a serious risk.

Handling and Theft

Handling stolen goods is usually aimed at people who deal with goods stolen by someone else. A person who steals property is normally charged with theft for the original taking.

In some cases, the same events may give rise to different allegations, such as theft, burglary, fraud, handling stolen goods, money laundering or assisting an offender. The correct charge will depend on the evidence and the person's role.

Examples of Handling Stolen Goods

Examples may include buying a phone at a suspiciously low price knowing it is probably stolen, storing tools taken from a van, selling jewellery stolen in a burglary, moving stolen bikes for someone else, or arranging for stolen goods to be sold through an online marketplace.

Handling may also arise where a person helps another person benefit from the sale of stolen property, even if they never personally stole the original goods.

Online Marketplaces and Second-Hand Goods

Buying second-hand goods online can create risk if the price, seller or circumstances seem suspicious. Buyers should be cautious when items are offered well below market value, the seller cannot provide proof of ownership, serial numbers are missing, or the transaction is rushed or secretive.

Sellers and buyers should keep records where possible, including receipts, messages, listing details, payment records and delivery information. These may be important if the goods are later alleged to be stolen.

Penalties for Handling Stolen Goods

Handling stolen goods can be tried in the magistrates' court or the Crown Court. The maximum sentence in the Crown Court is 14 years' imprisonment.

The sentence will depend on the seriousness of the offence. The court will consider culpability and harm, including the value of the goods, the person's role, whether the offending was organised or professional, whether there was advance knowledge of the theft, and whether the goods came from a burglary, robbery or other serious offence.

Possible Sentences

Depending on the facts, sentences may range from a discharge or fine through to a community order or imprisonment. A guilty plea, cooperation, previous convictions, the value of the goods and the impact on victims can all affect the outcome.

Related Offences

Cases involving stolen goods may also involve other offences. These can include theft, burglary, robbery, fraud, money laundering, going equipped for theft, handling criminal property or assisting an offender.

Where money is received from the sale of stolen goods, proceeds of crime issues may also arise. This can lead to confiscation proceedings or attempts to recover criminal benefit.

What if You Bought Something Innocently?

A person who bought goods honestly and did not know or believe they were stolen may have a defence. However, they may still lose the goods if they are identified as stolen property and returned to the rightful owner.

If police contact you about property you bought, you should keep all evidence of the purchase and take legal advice before making assumptions or giving a detailed account.

When Legal Advice May Be Needed

Legal advice may be needed if a person is arrested, invited for interview, charged, or accused of buying, storing, moving or selling stolen goods. Advice is particularly important where the allegation involves organised offending, online sales, vehicles, high-value goods, burglary-related property or proceeds of crime.

A criminal defence solicitor can advise on the evidence, whether knowledge or belief can be proved, interview strategy, possible defences, plea, sentence and any related confiscation or property recovery issues.

Current Position

Handling stolen goods remains a serious offence. It is not limited to the person who originally stole the property. Anyone who knowingly or dishonestly helps receive, store, move, sell or benefit from stolen goods may face prosecution.

Anyone accused of handling stolen goods should take legal advice before attending a police interview, accepting a caution or making decisions about a plea.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Criminal law and sentencing practice can change, and how the law applies will depend on the facts of each case.

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