Theft, burglary and robbery
Handling stolen goods
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 14 years' custody
Actus reus
- Otherwise than in the course of stealing, receive, retain, remove, dispose of or realise stolen goods (or arrange to do so), knowing or believing them to be stolen.
Mens rea
- Knowledge or belief that the goods are stolen.
- Dishonesty.
Verified case law
Ivey v Genting Casinos[2017] UKSC 67
The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.
Defences
No knowledge/belief goods stolen · Not dishonest · Goods not stolen (or no longer stolen) · Innocent receipt / returning to owner
Sentencing Council
Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 8 years' custody.
At the police station
Common with phone/bike/car-parts markets and "mates' rates" deals. Probe how the client came by the goods, price paid, and any messages. Distinguish from theft of the same goods.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Theft Act 1968, s.22 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗
- Case law:Ivey v Genting Casinos [2017] UKSC 67 ↗