The offence
Section 22 of the Theft Act 1968 makes it an offence to dishonestly receive goods knowing or believing them to be stolen, or to dishonestly undertake or assist in their retention, removal or disposal. The offence is triable either-way and carries up to 14 years’ imprisonment on indictment.
Defences
- No knowledge or belief that the goods were stolen
- Receipt or retention was not dishonest
- Goods had not in fact been stolen at the time of handling
- Disputed possession, ownership or the circumstances of receipt
Sentencing
Handling is triable either-way, with a maximum of 14 years on indictment. The guidelines consider the defendant’s role — from a naive recipient to a professional handler — and the value and nature of the goods.
Frequently asked questions
Knowledge or belief is required. Mere suspicion is not enough, though turning a blind eye to obvious signs can amount to belief. Whether you knew or believed is assessed on all the circumstances.
Up to 14 years’ imprisonment on indictment, reflecting the seriousness of professional handling and fencing operations.
It can be, if you dishonestly receive it knowing or believing it to be stolen. Innocent receipt of a gift without such knowledge is not an offence.