Is handling stolen goods triable either way?

Yes — s.22(2) Theft Act 1968 makes it triable either way, with a maximum of 14 years' imprisonment on conviction on indictment.

What is the mental element for handling?

Knowing or believing the goods to be stolen goods — a higher threshold than theft's dishonesty alone. This applies alongside dishonesty in respect of the handling conduct itself.

Can a thief also be a handler of the same goods?

Not for dealings in the course of the stealing itself — s.22(1) applies 'otherwise than in the course of the stealing'. A separate, later dealing with the goods by the thief or another person can still amount to handling.

Handling stolen goods

The offence of handling stolen goods under s.22 Theft Act 1968 — the statutory elements (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 the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for handling stolen goods under s.22 Theft Act 1968?

Handling stolen goods (s.22(1) Theft Act 1968) requires: (1) otherwise than in the course of the stealing, (2) knowing or believing the goods to be stolen goods, (3) the defendant 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 arranges to do so.

Handling is triable either way — the maximum on conviction on indictment is 14 years' imprisonment (s.22(2) Theft Act 1968).

All offence cards

Handling stolen goods is defined by s.22(1) Theft Act 1968: otherwise than in the course of the stealing, knowing or believing the goods to be stolen goods, a person 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 arranges to do so. The full statutory wording is reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.22 Theft Act 1968

Mode of trial

Triable either way

Maximum sentence

14 years' imprisonment on conviction on indictment (s.22(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.

s.22 — Handling stolen goods.the offence

(1) A person handles stolen goods if (otherwise than in the course of the 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.

(2) A person guilty of handling stolen goods shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.

Read s.22 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of handling stolen goods, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Stop and searchs.1

PACE 1984 s.1 allows a constable with reasonable grounds to suspect they will find stolen articles to stop and search a person or vehicle — the relevant limb for handling is the STOLEN-ARTICLES ground (s.1(2)), since the goods handled are themselves the stolen articles. Handling is not one of the offences listed in s.1(8) that defines 'prohibited articles', so the prohibited-article limb does not apply to this offence. 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.

Charging decisionscharging decisions

Where the evidence is capable of supporting either handling or theft then the prosecution may charge both in the alternative. The court cannot convict unless it is satisfied beyond reasonable doubt that one offence rather than the other has been proved and can then convict only of that offence. This can raise difficulties when the evidence proves that the defendant must either be the thief or the handler but it is not clear which. In Stapylton v O’Callaghan [1973] 2 All ER 782 the Divisional Court said that the correct approach in such cases, if the defendant had received the goods, was to convict of theft, since the receiver of stolen goods commits a further appropriation of them at the point of receipt and so will be guilty of theft. Although under section 22 TA 1968 the original thief cannot be a handler, every handler who receives stolen goods will commit a further appropriation of the goods and so may be guilty of a subsequent theft.

Alternatively one of the money laundering offences under part 7 of the Proceeds of Crime Act 2002 may be made out. These offences are usually easier to prove than handling (as dishonesty is not an element of the offence and mere suspicion may be enough to prove the mental element). However, they should not be used simply as a way of allowing the prosecution to avoid its burden where the conduct involved is sufficiently covered by the handling provisions (see R v GH [2015] 1 WLR 2126 at paragraph 49).

Read on cps.gov.uk

Allocation and Penaltyallocation & penalty

Handling is triable either-way and punishable in the Crown Court with 14 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]

Read on cps.gov.uk

Handling stolen goods — Sentencing Council guideline Legislation Quick Reference

"Handling" is broad: it covers receiving the goods, or undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another, or arranging to do any of those things.
The mental element is knowing or believing the goods to be stolen — a higher threshold than theft's dishonesty alone; mere suspicion is not enough.
"Otherwise than in the course of the stealing" separates handling from the theft itself — a thief handling their own stolen goods immediately after the theft is not thereby also a handler.
Goods that have been restored to the person from whom they were stolen, or to other lawful possession or custody, cease to be "stolen goods" (s.24(3) Theft Act 1968) — this affects whether a later dealing with them can be handling.

Frequently asked

Is handling stolen goods triable either way?: Yes — s.22(2) Theft Act 1968 makes it triable either way, with a maximum of 14 years' imprisonment on conviction on indictment.
What is the mental element for handling?: Knowing or believing the goods to be stolen goods — a higher threshold than theft's dishonesty alone. This applies alongside dishonesty in respect of the handling conduct itself.
Can a thief also be a handler of the same goods?: Not for dealings in the course of the stealing itself — s.22(1) applies 'otherwise than in the course of the stealing'. A separate, later dealing with the goods by the thief or another person can still amount to handling.