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Questions and Answers
Which type of article must be proved to be intended for use in connection with specified offences?
Which type of article must be proved to be intended for use in connection with specified offences?
What is the onus when an article is made or adapted in relation to intent?
What is the onus when an article is made or adapted in relation to intent?
In which situation can a person found with an article after an offence be considered guilty?
In which situation can a person found with an article after an offence be considered guilty?
What might the court look for as evidence of a person's intent regarding an adapted tool?
What might the court look for as evidence of a person's intent regarding an adapted tool?
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Which offence is NOT considered as theft for the purpose of being equipped?
Which offence is NOT considered as theft for the purpose of being equipped?
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What is the primary aim of the legislation on going equipped for stealing?
What is the primary aim of the legislation on going equipped for stealing?
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Which of the following best describes 'place of abode' in the context of the legislation?
Which of the following best describes 'place of abode' in the context of the legislation?
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In the case of R v Bundy, what was the outcome regarding Bundy’s argument about his vehicle being his abode?
In the case of R v Bundy, what was the outcome regarding Bundy’s argument about his vehicle being his abode?
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What does ‘has with him’ imply in the context of actual possession?
What does ‘has with him’ imply in the context of actual possession?
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What did the courts rely on to guide the definition of 'place of abode' in the Bundy case?
What did the courts rely on to guide the definition of 'place of abode' in the Bundy case?
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What is required for a search under Article 3-5 of PACE (NI) Order 1989?
What is required for a search under Article 3-5 of PACE (NI) Order 1989?
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What might constitute grounds to prove someone is ‘not at his place of abode’?
What might constitute grounds to prove someone is ‘not at his place of abode’?
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What is one key factor the magistrate or jury considers regarding an article being 'immediately available'?
What is one key factor the magistrate or jury considers regarding an article being 'immediately available'?
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Study Notes
Going Equipped for Stealing
- This law is a preventative measure aiming to target the carrying of implements intended for specific crimes.
- Applies to items searchable under Article 3 to 5 of the PACE (NI) Order of 1989.
- To be guilty of this offence, a person must not be at their place of abode and have an article with them intended for use in a burglary or theft.
Key Requirements for the Offence
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Not at their place of abode: This means the person must be away from their home.
- A vehicle can be a place of abode if it is parked at a site where the person intends to remain, not if they are in transit, as established in R v Bundy (1977).
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Has with him/her: The possession must be actual or immediately available.
- To determine if the article is immediately available, consider the individual's proximity to the article and the ease with which they can access it.
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Any article for use in the course/connection with: The item can range from a screwdriver to a set of skeleton keys.
- It must be proven that the individual intended to use the article for a burglary or theft, not necessarily in a specific instance, but with the intent to commit an offense in the future.
Categories of Articles
- Made: Articles made specifically for the purpose of committing a crime, for example, a skeleton key.
- Adapted: Articles modified for criminal use, such as a sharpened screwdriver or a pin from a fire extinguisher with tape.
- Intended: Articles that were not made or adapted but are intended for use in a crime, for instance, bolt cutters, a jemmy, or a lighter to heat glass.
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Evidence of Intent:
- Made or adapted articles are strong evidence of intent, requiring the accused to provide an innocent explanation.
- For intended articles, the prosecution must present additional evidence to prove intent.
Offences Treated as Theft for Going Equipped
- Theft Act (NI) 1969 Section 24(1)
- Road Traffic (NI) Order 1981, Article 172
- Theft (NI) Act 1969, Section 12
- These offences are considered theft for the purposes of going equipped.
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Description
Test your understanding of the law regarding going equipped for stealing. This quiz covers key requirements of the offence and applies to specific articles defined under the PACE (NI) Order of 1989. Ensure you grasp the nuances of possession and location as they relate to this offence.
