s17 v s18 CJ Tf 2001

Dylan123

Hi there,

Is there a clear distinction between:
s17 Handling stolen property
s18 Possessing stolen property

Is handling just an intermediary process... (in transit)
Possession is where someone's aim is to buy and hold onto it opposed to moving it on.

Thanks in advance and apologies if its a daft question - they seem similar to me.
I suppose really my question is looking at why s17 has a max sentence of 10 yrs and s18 is 5yrs.... Is it because under s17 the person is though of by law as a dealer.

Reloc8

The section 17 offender is a 'fence' and is regarded as an integral part of the movement of stolen propery. He is guilty where the receives or arranges to receive it, or undertakes or assists, in its retention, removal, disposal or realisation by or for the benefit of another, or arranges to do so.

The offence is committed where he or she does this knowing the property was stolen or being reckless as to whether it was stolen.

The possession S. 18 offence is less serious (noting that many times a person guilty of S. 17 will also be guilty of possession). It is committed where the person is simply in possession of the property knowing it is stolen or being reckless as to whether it is stolen but has not arranged to receivei it/dispose of it/move it on etc.

You could think of it as the difference as regards drug as possession versus possession with intent to supply.

The difference between the two is the intent of the person in each case (i.e. intent to deal in the property in some way, versus simply coming into possession of it, albeit knowing/reckless of it being stolen). You could commit S. 18 simply be finding something and not handing back to the owner/authorities. This would be much more opportunistic that a true S. 17.

In retrospect the answer to your question posed in the last line of your post is 'yes'.

i.e. never ask a lawyer a simple question.

for completeness under S. 55 of the act a person charged with theft or 'unlawfully obtaining propery otherwise' can be convicted of s. 17 or s. 18 in the alternative, i.e. you can be charged with any of s. 4, s. 17 or s. 18 and convicted of s. 17 or s. 18 as an alternative, and you can also be convicted of a s. 4 offence in the alternative if charged with s. 17 or s. 18.