Understanding the Law of Going Equipped and Available Defences
Going equipped is a criminal offence under Section 25 of the Theft Act 1968, which makes it illegal for a person to be in possession of any item with the intent to use it to commit burglary, theft, or another dishonesty-related offence.
This law is designed to tackle criminal activity before it occurs by targeting those found with tools or items that could be used to carry out a crime. The penalties for going equipped can be severe, as it indicates an intention to commit an offence, even if no crime has been committed yet.
At Allen Hoole Solicitors, we have extensive experience defending individuals accused of going equipped for theft or burglary. As one of the largest criminal defence firms in the South West of England, our team of experienced solicitor advocates is well-equipped to handle these cases, providing expert legal advice at every stage, from the police station to court proceedings.
The Legal Definition of Going Equipped
Under Section 25 of the Theft Act 1968, a person commits the offence of going equipped if:
- They are found in possession of tools or items that could be used for theft or burglary, and
- The person has the intention of using these items to commit an offence, such as burglary or theft.
Items considered as "going equipped" can include crowbars, lock-picking tools, or even seemingly innocuous objects like screwdrivers, if it can be proven that the person intended to use them to commit a criminal offence.
The key element of this offence is the intent to commit a crime. Simply possessing items like a screwdriver is not illegal; the prosecution must prove that the person had these items in their possession with the intention to use them in criminal activity.
Penalties for Going Equipped
The penalties for going equipped can be severe, as the offence is treated seriously by the courts. If convicted, the defendant can face:
- Up to three years imprisonment,
- Fines, and/or
- A criminal record that may affect future employment or travel opportunities.
Because going equipped targets the intent to commit a crime, the punishment reflects the potential risk the individual posed to public safety and property.
Available Defences to Going Equipped
Defending against a charge of going equipped requires a careful analysis of the circumstances and the evidence. There are several potential defences available, depending on the specific details of the case:
1. Lack of Intent:
The prosecution must prove that the defendant had the intent to use the items in their possession to commit a theft or burglary. If the defendant can demonstrate that they had a legitimate reason for possessing the tools (for example, as part of their employment or for personal use), this can be a strong defence.
The key to this defence is proving that the items were not carried with the intention of committing a crime.
2. Mistaken Identity:
If the defendant is accused of going equipped based on CCTV footage or eyewitness testimony, they may be able to argue mistaken identity. This defence may involve challenging the accuracy of the evidence, such as misidentification or unclear footage, to show that the defendant was wrongly accused.
3. Innocent Possession:
The defendant may also argue that they were unaware that they were in possession of tools that could be used for theft or burglary. For example, if the items were found in a shared vehicle or were left by someone else, the defendant may not have known they were carrying potentially incriminating items.
Expert Representation and Forensic Support
At Allen Hoole Solicitors, we understand that cases of going equipped can be complex and often involve detailed evidence that needs thorough examination. This may include forensic analysis of the tools found, digital evidence, or an examination of CCTV footage. We work closely with leading experts in forensics and other fields to challenge the prosecution’s case and build a strong defence.
We also have access to the best specialist barristers in criminal law. These barristers bring a wealth of expertise in defending individuals against serious offences like going equipped and work closely with our solicitor advocates to ensure our clients receive the best possible representation.
Why Choose Allen Hoole Solicitors?
As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors has the resources and expertise to provide comprehensive legal representation for those accused of going equipped. Our experienced team of solicitor advocates and access to leading forensic experts allows us to handle even the most complex cases effectively. We are available to represent clients both at police stations and in court, ensuring that their rights are protected at every stage of the legal process.
If you or someone you know is facing charges of going equipped, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, helping you navigate the legal system with confidence and ensuring that your case is handled with the highest level of professionalism.