Handling stolen goods definition

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Handling stolen goods

The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods, or•dishonestly undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to do so•knowing or believing them to be stolen goods, and•the goods having been stolenThe offence is committed while the defendant is acting otherwise than in the course of stealing. As theft can be a continuing act it is sometimes difficult to show whether the defendant in possession of stolen goods is a thief or a handler of goods that have already been stolen. In such cases the prosecution will charge handling in the alternative.The goods must have been stolen but proof of a conviction for the predicate theft is not required; nor is it necessary to name the person who stole the goods. If the person who stole the goods is specified in the indictment evidence will have to be called to prove that part of the offence.If the goods have not yet been stolen they cannot be handled, but if steps have been taken that are more than merely preparatory, an offence of conspiracy may be charged (R v Park (1987) 87 Cr. App Rep 164).The Theft Act 1968 (TA 1968) allows for a statutory

Extradition appeals tracker—2020 decisions [Archived]

Extradition appeals tracker—2020 decisions [Archived] ARCHIVED: This Practice Note has been archived and is not being maintained. It is being retained for historical interest and to provide practitioners with a quick overview of developments in extradition case law during 2020. This tracker includes details of extradition appeals judgments which were given during the UK's Brexit implementation period between 31 January 2020 and 31 December 2020 (IP completion), when the UK continued to be treated as a Member State for the purposes of extradition arrangements with the remaining 27 Member States of the European Union (EU27) and therefore when extradition appeals in respect of these states were dealt with under Part 1 of the Extradition Act 2003 (EA 2003). For further details on the impact of Brexit and IP completion on this area, see Practice Notes: What does IP completion day mean for corporate crime? and Brexit—implications for law enforcement and judicial co-operation in criminal matters (pre-TCA) [Archived]—Impact of Brexit on extradition. Section 6 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) (as amended) provides that retained EU law which has not been modified on or after IP completion day (and questions as to its validity, meaning or effect) is to be interpreted according to retained case law and retained general principles of EU law so far as it is relevant to any matter before the court or

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What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods?

What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods? Handling stolen goods This Q&A covers the offence of handling stolen goods and the offence under section 22 of the Theft Act 1968. It also considers the guidance published by the Sentencing Council on handling stolen goods and on reported case law from the Court of Appeal Criminal Division, as cases before the Magistrates’ and Crown Court are not formally reported. There is also additional consideration of offences which may be committed in connection with handling stolen goods, and how these may be treated for sentencing purposes. Following summary conviction, the maximum penalty is six months’ imprisonment or a fine or both. For trial on indictment, the maximum penalty is 14 years’ imprisonment. The sentencing guidelines derive from the Court of Appeal’s decision in R v Webbe with an increasing scale for sophisticated or professional offences. For further information on the offence, see Practice Note: Handling stolen goods. The Sentencing Council gave guidance effective from February 2016 on a Theft Act 1968, s 22 offence. For further information, see Offences: Handling stolen goods. For case law on the sentencing of the offence of handling stolen goods, see: • R v Francis • R v Harwood

Does an immigration officer need a warrant to enter a client’s home address?

Does an immigration officer need a warrant to enter a client’s home address? Immigration officers have wide—but far from unlimited—statutory powers to enter an individual’s home without a warrant issued by a JP or (in Scotland) a sheriff. Powers derive primarily from the Immigration Act 1971 (IA 1971) and have been amended multiple times over the years in order to widen powers of entry and arrest for immigration officers. An immigration officer has the power to enter and search, without a warrant but importantly with the authorisation of a chief immigration officer or above, any premises where they believe on reasonable grounds that a suspect is, in order to make an arrest for a range of suspected offences. What amounts to ‘reasonable grounds’ is an objective test, with the burden of proof lying on the immigration officer to establish that such grounds exist. The specified offences are: • assisting a breach of immigration law or the arrival of asylum claimants under IA 1971, ss 25, 25A and 25B • fraud, bigamy, theft, handling stolen goods and perjury uncovered in the course of exercising immigration duties (or the other offences listed in section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004) • making false or dishonest claims for

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UK seizes penthouse and porsche in unexplained wealth order case

Law360, London: Britain’s top prosecutor has forced a convicted murderer to surrender his penthouse apartment and Porsche with a combined value of over £800,000 ($US 1.1m) by obtaining an unexplained wealth order.

Five years after the London riots—reflecting on sentencing and prosecution practice

Crime analysis: Jude Lanchin, senior associate at Bindmans LLP, reflects on and looks back at the riots that took place in England in 2011, and assesses the criticisms concerning the sentences imposed and the right to bail, and how the government and criminal justice system responded in general.

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796.1 Introduction

The Penal Code is divided into two sections. The first (the partie législative) deals mainly with crimes and délits. The second part (the partie réglementaire) deals with contraventions created by regulations ancillary to the Code. The structure is replicated in each section.Offences are defined in Books 2 to 5 of the Penal Code. The crimes and délits are grouped by subject matter.Book 2     Offences against the person ranging from genocide through offences involving a person’s life or health to offences such as living off immoral earnings, providing unfit working conditions or showing disrespect

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373. Jurisdiction in relation to retaining wrongful credits.

373.     Jurisdiction in relation to retaining wrongful credits. Retaining wrongful credits1 is a 'Group A offence'2, and a person may be guilty of such an offence3 if any of the events which are relevant events4 in relation to the offence occurred in England and Wales5.A person may be guilty of a Group A offence whether or not he was a British citizen6 at any material time7, and whether or not he was in England and Wales at any such time8.