Going Equipped for Theft or Burglary (Section 25 Theft Act 1968)

Going equipped for stealing is an offence under s.25 Theft Act 1968. A person is guilty of the offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft (s.25(1)). Proof that he had with him any article made or adapted for use in committing a burglary or theft shall be evidence that he had it with him for such use (s.25(3)), and an offence under s.12(1) of taking a conveyance is treated as theft for the purposes of the section (s.25(5)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding three years (s.25(2)). Section 25(2) states only the penalty on conviction on indictment. A magistrates' court does not have power to impose imprisonment for a term exceeding 12 months in respect of any one offence triable either way (Sentencing Act 2020, s.224(1) and (1A)(b)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).