Handling Stolen Goods (Section 22 Theft Act 1968)

Handling stolen goods is an offence under s.22 Theft Act 1968. A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so (s.22(1)). The provisions relating to stolen goods apply whether the stealing occurred in England or Wales or elsewhere, provided it amounted to an offence where and when the goods were stolen (s.24(1)); stolen goods include goods which directly or indirectly represent the stolen goods as the proceeds of their disposal or realisation in the hands of the thief or a handler (s.24(2)); goods cease to be stolen goods once restored to the person from whom they were stolen or to other lawful possession or custody (s.24(3)); and goods obtained by blackmail or by fraud within the meaning of the Fraud Act 2006 are regarded as stolen (s.24(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding fourteen years (s.22(2)). Section 22(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).