Theft Act 1968

27 Evidence and procedure on charge of theft or handling stolen goods. E+W

(1) Any number of persons may be charged in one indictment, with reference to the same theft, with having at different times or at the same time handled all or any of the stolen goods, and the persons so charged may be tried together.

(2) On the trial of two or more persons indicted for jointly handling any stolen goods the jury may find any of the accused guilty if the jury are satisfied that he handled all or any of the stolen goods, whether or not he did so jointly with the other accused or any of them.

(3) Where a person is being proceeded against for handling stolen goods (but not for any offence other than handling stolen goods), then at any stage of the proceedings, if evidence has been given of his having or arranging to have in his possession the goods the subject of the charge, or of his undertaking or assisting in, or arranging to undertake or assist in, their retention, removal, disposal or realisation, the following evidence shall be admissible for the purpose of proving that he knew or believed the goods to be stolen goods:—

(a) evidence that he has had in his possesion, or has undertaken or assisted in the retention, removal, disposal or realisation of, stolen goods from any theft taking place not earlier than twelve months before the offence charged; and

(b) (provided that seven days’ notice in writing has been given to him of the intention to prove the conviction) evidence that he has within the five years preceding the date of the offence charged been convicted of theft or of handling stolen goods.

(4) In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions:—

(a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and

(b) a statutory declaration shall only be admissible if at least seven days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the declaration.

[F1 (4A) [F2 Where the proceedings mentioned in subsection (4) above are proceedings before a magistrates’ court inquiring into an offence as examining justices that subsection shall have effect with the omission of the words from “subject to the following conditions” to the end of the subsection.]]

(5) This section is to be construed in accordance with section 24 of this Act; and in subsection (3)(b) above the reference to handling stolen goods shall include any corresponding offence committed before the commencement of this Act.

Textual Amendments

F1 S. 27(4A) inserted (4.7.1996 but with effect as mentioned in Sch. 1 Pt. III para. 39) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 19 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F2 S. 27(4A) repealed (18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 46, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5)

Modifications etc. (not altering text)

C1 S. 27(4) applied (with modifications) (26.3.2001) by 2000 c. 26, s. 109(2); S.I. 2001/878, art. 2, Sch. (subject to transitional provisions and savings in art. 16)