Investigative Skills Handling Stolen Goods PDF

INV11 Investigative Skills Handling Stolen Goods Introduction The key part of this offence is that a ‘theft’ must be finalised before any consideration can be given to ‘handling stolen goods’. It must be shown that the suspect ‘knew or believed’ the goods to be stolen; mere suspicion is not enough...

INV11 Investigative Skills Handling Stolen Goods Introduction The key part of this offence is that a ‘theft’ must be finalised before any consideration can be given to ‘handling stolen goods’. It must be shown that the suspect ‘knew or believed’ the goods to be stolen; mere suspicion is not enough. This offence can be deemed more serious than theft as the maximum sentence for theft is 10 years whereas it is 14 years for handling. Points to Prove Goods must be stolen. Dishonesty. Handling/Receiving/Assisting/Acting for another’s benefit. Arranges to do so. OFFICIAL [SENSITIVE] Page 98  INV11 Key Learning Point In simple terms, the offence can be divided into two parts: The defendant acts for his/ her own benefit – (receiving/ arranging to receive stolen goods) The defendant acts for the benefit of another person (all other elements of the offence) Goods This “includes money and every other description of property except land, and includes things severed from the land by stealing.” Whether goods are stolen or not is a question of fact for a jury or magistrate(s). Stolen Goods Obtained in Northern Ireland:  Goods obtained by fraud and blackmail are included in this definition.  Goods obtained in a foreign country if the offence committed in that country would constitute an offence in Northern Ireland. (Goods obtained in the rest of the UK are also covered) Otherwise than in the Course of Stealing The original ‘thief’ cannot be convicted of ‘handling’ in relation to contact with the goods at the time of the offence of theft. The original ‘thief’ can later become connected to ‘’handling’ if the thief takes part in a separate transaction for the retention, removal, realisation or disposal of the goods provided it is ‘by or for the benefit of another person’. OFFICIAL [SENSITIVE] Page 99  INV11 Example Ray has stolen a consignment of cigarettes and takes them to Jenny’s warehouse. He receives money for them and leaves. The next day Jenny is short of staff and asks Ray to help with the loading of the cigarettes onto a lorry. Ray is guilty of the original theft and handling as he has assisted in the removal of the goods for the benefit of Jenny. Accomplices to the theft, etc also do not handle at the time of the theft. Knowing or Believing A person must actually ‘know’ that the goods are stolen or believe as such. Mere suspicion is not enough. A person may admit in interview to knowing or believing the goods are stolen. In other cases, the inclusion of the word belief covers the case of the handler who claims to have acquired property in highly suspicious circumstances but is not proved beyond a reasonable doubt to have known it was stolen. This rule has application to prove guilty belief. In these circumstances, evidence as to the knowledge or belief will come from circumstantial evidence with inference drawn. For example:  Hiding the goods  Altering serial numbers  Low price paid, place, time purchased, etc. Dishonesty This has been covered previously during theft and fraud. OFFICIAL [SENSITIVE] Page 100  INV11 Receiving Control or possession of stolen goods must be obtained from another to prove receiving. Simply finding goods does not cover the aspects of ‘receiving’. Example Your friend steals a watch and gives it to you. The ‘receiver’ knows that the watch was stolen but decides to wear it. The ‘receiver’ enjoys the benefits of the stolen watch and is guilty of ‘handling’. A person may receive goods knowing or believing them to be stolen and yet not be guilty, if for example, the person intends to return them to the true owner or to Police. Whether there is dishonesty is a question of fact for the jury in each case, as in theft. To receive does not require actual physical reception of goods. Receiving can extend to exercising control over them, e.g. things in action such as bank cards. Example Owen allows Fred to store stolen goods in his warehouse knowing that they are stolen. Owen is ‘receiving’ the goods as he now has exclusive control over the property. Arranging to Receive The goods must actually be ‘stolen’ at the time of the arrangement and the arrangement must be a concluded agreement, e.g. the arrangement has a definite date, time, price, etc. Example Steven has carried out a theft and has the stolen goods in his van. He agrees with Jill to take the goods to her garage where they will be stored. Jill is guilty of ‘arranging to receive the goods’ even if the goods were not subsequently delivered to her garage. OFFICIAL [SENSITIVE] Page 101  INV11 Undertaking for the Benefit of Another There are a number of ways in which the goods may be treated. This involves the actual undertaking of retaining, removing, disposing, or realising the stolen goods for the benefit of someone else. “Undertaking” is intended to refer to one who acts on his own. Example: Emma sells a lorry load of whiskey on behalf of Nigel (the thief). This would be undertaking the realisation of the goods for the benefit of another (Nigel). The same principle would apply to undertaking the goods retention, removal or disposal. In simple terms, ‘realisation’ is the selling of the stolen goods. Assisting for the Benefit of Another This involves the offender giving assistance to another person, e.g.- the thief, who is undertaking the retention, removal, disposal or realisation of stolen goods. The offender has to do something which enables the goods to be retained, etc., whether or not this is successful. There does not have to be physical assistance given; a mere offer to lend a vehicle to move stolen goods will suffice. The person benefitting from the defendant’s action must be ‘another’. If by the defendant’s actions, they are the only ones benefitting, then this would not be handling (R v Kanwar 1982). Examples: Tom assists in the retention of stolen goods by another if he puts Roy (the thief) in touch with the owner of a warehouse. Sam assists in the removal of stolen goods by another if he lends Ricky (the thief) a lorry for their removal. Paul assists in the disposal of stolen goods by another if he advises Trevor (the OFFICIAL [SENSITIVE] Page 102  INV11 thief) how to get rid of the goods. Steven assists in the realisation of stolen goods by another if he puts a buyer in touch with Tim (the thief). Retention/Removal/Disposal/Realisation Examples: Retention: store the stolen goods or keep them. Removal: transport the stolen goods from one location to another. Disposal: get rid of the stolen goods by destroying them (changing number plates on a vehicle). Realisation: to exchange the stolen goods for money or other property. By or for the Benefit of Another The retention, removal, disposal or realisation must be done solely for the benefit of another person. Even if the person undertaking/ assisting in the retention of stolen goods gets paid, it will still be ‘by or for the benefit of another’. When goods cease to be stolen When they have been recovered by Police When they have been recovered by the owner When they pass onto someone who does not know or believe them to be stolen Example Alan sells a computer, which he knows is stolen for £300 to George. George knows the computer is stolen £300 and the computer are stolen (George has received the goods knowing they are stolen and the £300 received by Alan is also stolen goods) Example Alan pays a debt of £150 to Francis who knows how Alan got the money. The £150 that Alan has is still ‘stolen goods’ along with the £150 that Francis now has. Examples OFFICIAL [SENSITIVE] Page 103  INV11 George gives the computer to his nephew John who does not know how George got the computer. The computer in the hands of John is no longer stolen goods. Additional reading There are some additional options and powers open to Police when dealing with this offence. A brief overview is provided but please read the legislation for full details. With regards to proving that a suspect believed or knew the goods to be stolen, in certain circumstances, previous incidents/ convictions for theft or handling can be used. Theft Act (Northern Ireland) Section 26, sub-section 4 Stolen goods can be proved by taking a statement from the owner in which they state the details of the theft. Dishonesty can be proved by showing the handler had no claim of right to the stolen goods or that the owner had not given the accused any authority to handle the stolen goods. Theft Act (Northern Ireland) Section 26, sub-section 5 There is a power of search to look for stolen goods. A warrant can be obtained that grants power to enter and search a premise/s for said items. Theft Act (Northern Ireland) Section 25 OFFICIAL [SENSITIVE] Page 104