For the turning characteristics of land vehicles, see
Car handling.
English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea 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, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required 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 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 for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening 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 An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation 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 In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may 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 For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. The M'Naghten Rules (pronounced and sometimes spelled McNaughton) were the first serious attempt to Codify and rationalise the attitude of the criminal law towards In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 The Offences Against the Person Act 1861 (24 & 25 Vict c100 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Corporate manslaughter is a Criminal offence in English law, being an act of Homicide committed by a company. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In English law causing criminal damage was originally a Common law offence. In English law causing criminal damage was originally a Common law offence. The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Dishonesty is a word which in common usage may be defined as the act or to act without honesty a lack of probity to cheat lying or being deliberately deceptive lacking in Robbery is the Crime of seizing Property through Violence or Intimidation. A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent. 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 Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the 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 Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. Computer crime, Cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a Computer Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property 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 The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (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 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. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given 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:
- 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. The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law.
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. A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of 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.
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). In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. Dishonesty is a word which in common usage may be defined as the act or to act without honesty a lack of probity to cheat lying or being deliberately deceptive lacking in In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given
Stolen goods
This is property stolen by any of the means criminalised in the Theft Acts, whether by robbery, burglary, deception, blackmail, etc. Robbery is the Crime of seizing Property through Violence or Intimidation. Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the 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. Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved 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. The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (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. In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the Thus, suspicion will be converted into belief when the facts are so obvious that belief may safely be imputed. The principle of imputation or attribution reflects the general public policy underpinning the operation of the Law which is that Ignorantia juris 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.
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. Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation Now, s1 Criminal Attempts Act 1981 confirms that such a defendant can be convicted.
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/or destination of Money,
See also
Dictionary
handling
-verb
- Present participle of handle.
-noun
- A touching, controlling, managing, using, take care of, etc., with the hand or hands, or as with the hands. See handle
- (art) The mode of using the pencil or brush; style of touch - Fairholt
- A criminal offence, the trade with stolen goods.
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