Going equipped
The offence of going equipped under s.25 Theft Act 1968 — the statutory element (points to prove) reproduced verbatim, mode of trial and maximum sentence, and the arrest and search powers, for frontline officers.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
Reviewed by BlueLineHub Editorial
What are the points to prove for going equipped under s.25 Theft Act 1968?
Going equipped (s.25(1) Theft Act 1968) requires: the person is not at their place of abode, and has with them any article for use in the course of or in connection with any burglary or theft.
It is triable either way — the maximum on conviction on indictment is 3 years' imprisonment (s.25(2)).
Going equipped is defined by s.25(1) Theft Act 1968: a person is guilty if, when not at their place of abode, they have with them any article for use in the course of or in connection with any burglary or theft. It is committed by mere possession with the requisite purpose — no burglary or theft need actually be attempted. The statutory text is reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.
Offence
s.25 Theft Act 1968
Mode of trial
Triable either way
Maximum sentence
3 years' imprisonment on conviction on indictment (s.25(2)).
Points to prove — statutory elements
Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.
(1) A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft .
(2) A person guilty of an offence under this section shall on conviction on indictment be liable to imprisonment for a term not exceeding three years.
(3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary or theft shall be evidence that he had it with him for such use.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For purposes of this section an offence under section 12(1) of this Act of taking a conveyance shall be treated as theft ... .
Powers of arrest & search
A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of going equipped, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24). The old going-equipped arrest power in s.25(4) Theft Act 1968 was repealed by the Serious Organised Crime and Police Act 2005 — this is the general PACE power, not a bespoke one.
Code of Practice: PACE Code G — arrest →PACE 1984 s.1 allows a constable with reasonable grounds to suspect they will find a prohibited article to stop and search a person or vehicle (s.1(7)(b)). An article carried for use in a burglary or theft is a prohibited article under s.1(8): burglary is listed at s.1(8)(a) and theft at s.1(8)(b). GOWISELY applies.
Code of Practice: PACE Code A — stop and search →CPS charging guidance
Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.
The offence is triable either-way, punishable in the Crown Court with a maximum of three years' imprisonment and/or an unlimited fine.
In a Magistrates’ Court, the maximum penalty depends on when the offence was committed:
For offences committed prior to Monday 2 May 2022, the maximum penalty for a single either-way offence is up to 6 months' imprisonment and/or an unlimited fine; for two or more either-way offences, the maximum penalty is up to 12 months' imprisonment and/or an unlimited fine;
For offences committed on or after 00.01am on Monday 2 May 2022, the maximum penalty available for a single offence either-way offence, and for two or more either-way offences, is up to 12 months' imprisonment and/or an unlimited fine [see The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022]
Burglary includes where a defendant intends to commit criminal damage or grievous bodily harm.
Section 25(5) TA 1968 specifies that “theft” includes taking a conveyance without consent contrary to section 12 (1) TA 1968. But it will not extend to taking a pedal cycle contrary to section 12(5) TA 1968.
- The offence is committed by mere possession of the article away from the person's place of abode with the requisite purpose — no burglary or theft need actually be attempted.
- "Article" is widely defined and is not limited to specialist burglary tools — it can include ordinary items (e.g. keys, gloves) carried for the requisite purpose.
- The original wording referred to an article for use "in connection with any burglary, theft or cheat"; the "cheat" limb was removed and the provision recast to "burglary or theft" by the Fraud Act 2006, in force from 15 January 2007.
- s.25(3): proof that a person had an article with them (other than one made or adapted for such use) is evidence that they had it with them for such use — an evidential presumption, not a conclusive one.
- s.25(5): for the purposes of this section, taking a conveyance without authority under s.12 is treated as theft.
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Theft Act 1968, section 25 — going equipped for stealing, etc.
The offence of going equipped: having with them, when not at their place of abode, any article for use in the course of or in connection with any burglary or theft, plus the mode of trial and maximum sentence in s.25(2), the evidential presumption in s.25(3), and s.25(5) treating taking a conveyance as theft for this section.
Last checked: August 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 24 — arrest without warrant: constables
The power of arrest without warrant, subject to the necessity criteria in s.24(5).
Last checked: August 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 1 — stop and search
Stop and search for prohibited articles on reasonable grounds; s.1(8)(a) and (b) list articles made, adapted or intended for use in burglary or theft as prohibited articles.
Last checked: August 2026 - Verify on official source
Sentencing Council — Going equipped for theft or burglary guideline
The sentencing guideline used to assess sentence for going equipped, cross-linked from this card.
Last checked: August 2026 - Verify on official source
CPS charging guidance — Theft Act offences (Open Government Licence v3.0)
CPS charging standard for the Theft Act 1968 offences — charging decisions, allocation and penalty guidance (verbatim extracts shown on this card).
Last checked: August 2026
Frequently asked
- Is going equipped triable either way?
- Yes — s.25(2) Theft Act 1968 makes it triable either way. The maximum on conviction on indictment is 3 years' imprisonment.
- What are the points to prove for going equipped?
- Under s.25(1): the person, when not at their place of abode, has with them any article for use in the course of or in connection with any burglary or theft.
- Does an actual burglary or theft need to have been attempted?
- No. The offence is complete on possession of the article away from home with the requisite purpose; s.25(3) also creates an evidential presumption that possession of such an article is evidence it was carried for that use.
- Is there a separate arrest power for going equipped?
- No. The old s.25(4) arrest power was repealed by the Serious Organised Crime and Police Act 2005. Arrest now uses the general PACE 1984 s.24 power on the s.24(5) necessity grounds.