For the turning characteristics of land vehicles, see Car handling. In English criminal law, handling takes place after the theft is completed and is committed by a fence or other person who helps the thief to realise the value of the stolen goods. Image File history File links This is a lossless scalable vector image. ...
English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In many common law jurisdictions (e. ...
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ...
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ...
Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ...
For other uses, see concurrency. ...
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
An inchoate offence is the crime of preparing for or seeking to commit another crime. ...
In English criminal law, incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. ...
In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. ...
In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. ...
For the law in other criminal jurisdictions, see diminished responsibility. ...
For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ...
The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ...
For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such an overwhelming urgency, that a person must be allowed to respond by breaking the law. ...
For an description of the general principles, see provocation (legal). ...
In English criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the physical integrity of themselves or others or to prevent any crime. ...
In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ...
This article does not cite any references or sources. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ...
The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. ...
Corporate manslaughter is a term in English law for an act of homicide committed by a company. ...
Harassment refers to a wide spectrum of offensive behavior. ...
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
The Malicious Damage Act of 1861 is a law now mostly concerned with damage to property in the transport sector of society. ...
Nuisance is a common law tort. ...
The Theft Act 1968 (1968 c. ...
Everyday instance of theft: the bike which fits on this wheel has disappeared. ...
Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ...
TWOC is an acronym standing for Taken Without Owners Consent. ...
For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
For other uses, see Blackmail (disambiguation). ...
The Theft Act 1978 supplemented the earlier deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. ...
Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...
Kataar ma bar farar sharererer poo doo kaka po po Computer crime, cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a computer or network is the tool, target, or place of a crime. ...
Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
This article or section does not cite any references or sources. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (e. ...
Car handling and vehicle handling is a description of the way wheeled vehicles perform transverse to their direction of motion, particularly during cornering and swerving. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
Everyday instance of theft: the bike which fits on this wheel has disappeared. ...
In law enforcement, a fence is an individual who knowingly buys stolen property for later resale in a (usually) legitimate market. ...
The offence Under s22 Theft Act 1968: The Theft Act 1968 (1968 c. ...
- A person handles stolen goods if (otherwise than in the course of 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.
Prior to the Serious Crime and Police Act 2005 (SOCAP), handling stolen goods was a hybrid offence (otherwise know as an "either way offence") with a maximum term on conviction on indictment of 14 years imprisonment to represent the potential seriousness of the offence regardless to the monetary value of goods stolen. Any offence committed after the introduction of SOCAP is treated as an arrestable offence. It also has a very wide range of wordings for charging purposes with more than twenty possible permutations for the offence, i.e. "undertakes the retention", "assists the retention', "arranges to undertake the retention", etc. A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ...
A prison is a place in which people are confined and deprived of a range of liberties. ...
santanu
Elements of the offence
Dishonestly The mens rea (Latin for "guilty mind") test of dishonesty for undertaking or assisting in the retention, removal, disposal or realisation of stolen goods by or for the benefit of another person, or arranging to do so, is the same as for theft (see R v Ghosh 75 Cr App R 154). The mens rea is the Latin term for guilty mind used in the criminal law. ...
Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ...
Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ...
Everyday instance of theft: the bike which fits on this wheel has disappeared. ...
Stolen goods This is property stolen by any of the means criminalised in the Theft Acts, whether by robbery, burglary, deception, blackmail, etc. and includes all the forms of property, both tangible and intangible, protected. This element must be proved separately and, because this offence is committed "otherwise than in the course of stealing", the actus reus (the Latin for "guilty act") of the stealing must have been completed before the alleged handler comes into possession. Further, the fact that the accused admits knowledge or belief that the goods were stolen is not sufficient, but such admissions as to how he or she came into possession may prove that the goods were stolen. The fact of stealing is usually proved by evidence given by the owner as to the circumstances in which the goods were taken. For other uses, see Blackmail (disambiguation). ...
Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
The law of evidence governs the use of testimony (e. ...
Knowledge or belief that goods were stolen The accused's knowledge may be based on what the thief says or some other positive information confirming the fact, but belief is less than knowledge and more than mere suspicion, being a reasonable conclusion drawn from what the accused does know. If, despite the circumstances, the accused unreasonably refuses to believe that which is obvious, this form of wilful blindness (see recklessness) will be treated as a belief that the goods are stolen. Thus, suspicion will be converted into belief when the facts are so obvious that belief may safely be imputed. So if the defendant bought goods in a dark alley for a fraction of their true value and it is clear that identification marks or serial numbers have been erased, any denial of belief by the defendant would not be credible. But, if there is genuine doubt as to the defendant's knowledge or belief, a s1 theft charge is more appropriate, particularly if he or she later discovered that the goods were stolen and dishonestly kept them. In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
The principle of imputation or attribution reflects the general public policy underpinning the operation of the law which is that ignorantia juris non excusat, the Latin for ignorance of the law is no excuse. ...
This used to give rise to an issue of impossibility in that the defendant may be dishonest and intend to handle goods which he believes to be stolen but which are not in fact stolen. Now, s1 Criminal Attempts Act 1981 confirms that such a defendant can be convicted. The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
Relationship to laundering Laundering is now an offence under ss.327/9 and 340(3)(b) Proceeds of Crime Act 2002 and the distinction with handling depends on whether the defendant's intention was to launder the proceeds of crime or merely to assist a thief. Laundering covers large amounts of money in a series of transactions over time when the defendant knows or suspects that the assets which he has concealed, acquired, used, possessed, or in respect of which he has entered into an arrangement which he knows or suspects facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person, are the proceeds of criminal conduct (compare money laundering). Money laundering is the practice of engaging in financial transactions in order to conceal the identity, source and destination of the money in question. ...
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