ABSTRACT
The previous legislation had utilised the term ‘receiving’, without any definition of this term being provided. In any case, it was the view of the CLRC that the term was inappropriate, as the new offence was intended to be wider in scope than merely ‘receiving’. After considering alternatives, which included ‘dealing with stolen goods’, the Committee decided on ‘handling stolen goods’. This term would encompass receivers, as well as:
12-04 The offence, under s 22, is triable either way by virtue of s 17(1) (read together with Sched 1) of the Magistrates’ Courts Act (MCA) 1980. By virtue of the Practice Note (Mode of Trial: Guidelines) [1990] 1 WLR 1439 (revised 1995), cases of handling should be tried summarily, unless the court considers that one or more
of the following features is present and that its sentencing powers are insufficient: (a) dishonest handling of stolen property by a receiver who has commissioned
the theft; (b) the offence has professional hallmarks; or (c) the property is of high value (at least £10,000).4
