Have you been charged with Possessing Housebreaking Implements?
If so, it is possible that there are relevant facts relating to your charge that may be used as a defence should the matter proceed to court.
Have you considered whether the prosecution will be able to prove all elements of the offence? Do you have a lawful excuse for possessing the alleged implements? Is there any doubt as to who was actually in possession of them?
Possessing housebreaking implements can result in imprisonment if found guilty so it is recommended that you seek expert legal representation as soon as possible.
Please read below for more information relating to this charge.
Elements of the offence
Section 49D of the Summary Offences Act 1966.
The prosecution must prove:
The defendant had in their custody or possession an implement of housebreaking.
The maximum penalty
2 years imprisonment.
Where will my case be heard?
Possessing a Housebreaking Implement will always be heard in the Magistrates Court.
What to do next?
Possessing a housebreaking implement can result in imprisonment if established by the prosecution. Make an appointment with an expert criminal lawyer as soon as possible to allow sufficient time for preparation of your defence.
The legislation
Section 49D Possessing housebreaking implements
(1) A person must not, without lawful excuse, have an implement of housebreaking in his or her custody or possession.
Penalty: 2 years imprisonment.
(2) The accused bears the burden of proving lawful excuse for having custody or possession of any implement to which a charge of an offence against subsection (1) relates.
