Handling stolen goods
Theft Act 1968, s.22
Triable either way:
Maximum when tried summarily: Level 5 ine and/or 6 months Maximum when tried on indictment: 14 years
These guidelines are drawn from the Court of Appeal’s decision in R v Webbe and others [2001] EWCA Crim 1217
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
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Property worth £1,000 or less acquired for offender’s own use |
Band B ine |
Band B ine to low level |
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community order |
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Property worth £1,000 or less acquired for re-sale; or |
Medium level |
Low level community order to |
Property worth more than £1,000 acquired for offender’s own |
community order |
12 weeks custody |
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use; or |
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Note: the custody threshold |
Presence of at least one aggravating factor listed below – |
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is likely to be passed if the |
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offender has a record of |
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regardless of value |
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dishonesty offences |
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Sophisticated offending; or |
12 weeks custody |
6 weeks custody to Crown |
Presence of at least two aggravating factors listed below |
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Court |
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Offence committed in context of a business; or |
Crown Court |
Crown Court |
Offender acts as organiser/distributor of proceeds of crime; or |
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Offender makes self available to other criminals as willing to |
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handle the proceeds of thefts or burglaries; or |
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Offending highly organised, professional; or |
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Particularly serious original offence, such as armed robbery |
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Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability
1.Closeness of offender to primary offence. Closeness may be geographical, arising from presence at or near the primary offence when it was committed, or temporal, where the handler instigated or encouraged the primary offence beforehand, or, soon after, provided a safe haven or route for disposal
2.High level of proit made or expected by offender
Factors indicating greater degree of harm
1.Seriousness of the primary offence, including domestic burglary
2.High value of goods to victim, including sentimental value
3.Threats of violence or abuse of power by offender over others, such as an adult commissioning criminal activity by children, or a drug dealer pressurising addicts to steal in order to pay for their habit
Factors indicating lower culpability
1.Little or no beneit to offender
2.Voluntary restitution to victim
Factor indicating lower degree of harm
1. Low value of goods
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Effective from 4 August 2008 |
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider ancillary orders, including restitution and compensation
Refer to pages 168-174 for guidance on available ancillary orders
Consider deprivation of property
Decide sentence
Give reasons
Effective from 4 August 2008 |
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Harassment – putting people in fear of violence
Racially or religiously aggravated harassment – putting people in fear of violence
Protection from Harassment Act 1997, s.4
Crime and Disorder Act 1998, s.32
Harassment: triable either way
Maximum when tried summarily: Level 5 ine and/or 6 months
Maximum when tried on indictment: 5 years
Racially or religiously aggravated harassment: triable either way
Maximum when tried summarily: Level 5 ine and/or 6 months
Maximum when tried on indictment: 7 years
Where offence committed in domestic context, refer to page 177 for guidance
Identify dangerous offenders
This is a speciied offence for the purposes of the public protection provisions in the Criminal Justice Act 2003 – refer to page 187 and consult legal adviser for guidance
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
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A pattern of two or more incidents of unwanted |
6 weeks custody |
High level community order to 18 weeks |
contact |
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custody |
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Deliberate threats, persistent action over a longer |
18 weeks custody |
12 weeks custody to |
period; or |
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Crown Court |
Intention to cause fear of violence |
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Sexual threats, vulnerable person targeted |
Crown Court |
Crown Court |
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Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability |
Factors indicating lower culpability |
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1. |
Planning |
1. |
Limited understanding of effect on victim |
2. |
Offender ignores obvious distress |
2. |
Initial provocation |
3.Visits in person to victim’s home or workplace
4.Offender involves others
5.Using contact arrangements with a child to instigate offence
Factors indicating greater degree of harm
1.Victim needs medical help/counselling
2.Physical violence used
3.Victim aware that offender has history of using violence
4.Grossly violent or offensive material sent
5.Children frightened
6.Evidence that victim changed lifestyle to avoid contact
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Effective from 4 August 2008 |
Form a preliminary view of the appropriate sentence
If offender charged and convicted of the racially or religiously aggravated offence, increase the sentence to relect this element
Refer to pages 178-179 for guidance
Consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider making a restraining order Consider ancillary orders, including compensation
Refer to pages 168-174 for guidance on available ancillary orders
Decide sentence
Give reasons
Effective from 4 August 2008 |
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