Handling stolen goods is a very serious offence in England and Wales and the criminal justice system can treat those convicted of such an offence equally as seriously. Sentences for this offence are not insignificant and having a solicitor on your side as early as possible in the process is highly advisable. This article will cover the basics of the offence, i.e. what constitutes handling stolen goods, and discuss the maximum possible sentence you might face, alongside exploring key points from the sentencing guidelines and explaining how a solicitor can help mitigate your sentence.
Handling stolen goods in England is a criminal offence governed by Section 22 of the Theft Act 1968. Under Section 22 of the Act, a person commits this offence if they handle stolen goods knowing or believing them to be stolen. Words like “handle” are given their ordinary meaning, which means that the offence can encompass a wide range of activities. This includes receiving, retaining, removing, disposing of, or arranging to dispose of the stolen goods. Essentially, any form of dealing with the stolen property, whether directly or indirectly, can fall under the definition of handling.
To secure a conviction, the prosecution must prove:
All of these elements must be proven for the prosecution to secure a conviction.
Note that the law requires that the person must have had knowledge or belief that the goods were stolen at the time they handled them. This means that mere possession of stolen goods is not enough to secure a conviction; the prosecution must prove that the defendant was aware of the illicit nature of the items.
Examples of the offence include:
In England and Wales, the offence of handling stolen goods carries a maximum sentence of 14 years’ imprisonment. As mentioned, this offence is classified as a serious crime, with sentences varying based on the value of the stolen goods and the circumstances of the offence.
The Sentencing Council guidelines provide a detailed framework for judges to determine the appropriate sentence, taking into account factors such as the defendant’s intent, the sophistication of the crime, and any previous criminal history. For instance, if the handling of stolen goods involves a high level of organisation or substantial value, a more severe sentence within the statutory limit may be imposed. Conversely, if the offence is less serious or involves items of lower value, the sentence could be significantly less.
Having a criminal defence solicitor on side to help navigate these complexities is one of the surest ways to secure a fair outcome in your case and better understand what kind of sentence range might be involved in your case.
When determining the sentence for handling stolen goods, a judge will take into account a variety of factors to ensure the punishment is proportionate to the offence and the circumstances of the offender. The main considerations include the severity of the offence, aggravating factors, mitigating factors, sentencing guidelines, and other relevant considerations.
The severity of the offence is a primary consideration. The judge will assess the extent and nature of the handling of stolen goods, including the value of the goods, the level of planning or premeditation involved, and whether the offender was in a position of trust or had any specific role in a wider criminal enterprise. This helps to gauge the seriousness of the crime and the offender’s involvement.
Aggravating factors are elements that can increase the severity of the sentence. These may include previous convictions, especially those related to similar offences, the involvement of significant planning or sophisticated methods to avoid detection, exploitation of vulnerable individuals or groups, use of violence or threats during the commission of the offence, and significant impact on the victim, such as financial loss or emotional distress. These factors indicate a higher level of culpability and potential harm caused by the offender.
Conversely, mitigating factors are aspects that may reduce the severity of the sentence. These could include a lack of prior criminal record or long periods without reoffending, evidence of remorse or efforts to make amends, such as returning the stolen goods or compensating the victim, cooperation with law enforcement authorities, personal circumstances such as mental health issues or difficult life situations that may have influenced the offender’s actions, and early guilty pleas, which can indicate acceptance of responsibility and save court resources. These factors suggest a lower level of culpability or a greater potential for rehabilitation.
Sentencing guidelines play a central role in ensuring consistency and fairness in sentencing. These guidelines suggest starting points and ranges based on the seriousness of the offence and the offender’s culpability. Judges are expected to follow these guidelines unless there are exceptional circumstances that justify a different sentence. This helps to standardise sentencing practices and ensure that similar offences receive similar punishments.
Other considerations may also come into play, such as pre-sentence reports, character references, and the offender’s personal circumstances. This holistic approach ensures that the sentence not only serves as a punishment but also considers the potential for rehabilitation and the broader impact on the offender’s life and the community.
If you are facing charges for handling stolen goods, seeking the assistance of an experienced criminal defence solicitor can significantly help in reducing your sentence.
Solicitors are helpful to your defence in a number of ways, including:
When looking for a solicitor, consider:
When you first meet a solicitor, you can expect a thorough review of your case. The solicitor will examine the details, including any evidence against you, so it is important to provide all relevant information and documentation. Following this review, the solicitor will offer legal advice, providing an initial assessment of your situation and discussing potential defence strategies.
The solicitor will then outline an action plan, detailing the next steps in your defence. This may include gathering additional evidence, contacting witnesses, and preparing for court appearances. Finally, you will receive an estimate of the legal fees involved, ensuring transparency and helping you plan financially for your defence.
Being charged with an offence as serious as handling stolen goods is very serious, and if you or someone you care about is facing these charges, you no doubt have numerous questions and concerns about what might happen next. If that is the case, getting in touch with an experienced and friendly team, like the one at Stuart Miller Solicitors, is highly encouraged. Contact us today for a free consultation about your options and what the next steps in any impending criminal prosecution might look like.
Responsive
A legal expert will consult you within 24 hours of making an enquiry.
Empathetic
We will always treat you with trust, understanding and respect.
Specialised
Your case will be handled by an expert who specialises in your type of offence.
Proactive
We will take early action to end proceedings as soon as it is practically and legally possible to do so.
Engaged
You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.
Caring
We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.
Tenacious
We will never give up on your case. We fight tirelessly to get you the best possible outcome.