Have you been charged with Going Equipped for Stealing?
Going equipped for stealing carries stiff penalties, including the possibility of imprisonment if proven. You should engage an experienced legal practitioner to assist you.
There may be possible defences to such a charge that you are unaware of. Can the prosecution prove all elements of the offence? Was the item alleged to be used for stealing actually for another legitimate purpose? Was the item actually in the possession of another individual?
Discuss these questions with your lawyer before telling a Court how you intend to plead to Going Equipped for Stealing. Please read below for more information relating to the charge.
Elements of the offence
Section 91 of the Crimes Act 1958.
The prosecution must prove:
The defendant had in their possession any article for use in or in connection with a burglary, theft or cheat;
The article in question was made for or adapted for use in committing burglary, theft or cheat.
The maximum penalty
Level 7 imprisonment with a maximum of 2 years.
Where will my case be heard?
A charge of Going Equipped to Steal will be heard in the Magistrates Court.
What to do next
This is a serious charge and may result in a jail sentence if convicted. If charged, you should contact an experienced criminal lawyer immediately to help build your defence.
The legislation
Section 91 Going equipped for stealing etc.
(1) A person shall be guilty of a summary offence if, when not at his place of abode, he has with him any article for use in the course of or in connexion with any burglary, theft or cheat.
(2) A person guilty of an offence under this section shall be liable to level 7 imprisonment (2 years maximum).
(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, theft or cheat shall be evidence that he had it with him for such use.
(4) On the conviction of a person for an offence under this section, the court may order the article to be forfeited to the Crown and disposed of in the manner set out in the order.
