Specifically looking for answers regarding the law in England & Wales but feel free to offer information from other countries.
Note: I do not intend to commit any crime, nor promote the commission of a crime in any jurisdiction, nor have I been accused of a crime, this is purely a hypothetical question not a request for legal assistance. I will not base any legal defence on the replies in this thread nor will I hold anyone accountable should I be so foolish as to attempt to.
Does the offence of “Going equipped” require proof of intent?
If I get stopped and searched and am found to be carrying a crowbar or lockpicks, with no good reason (e.g. I’m not a locksmith etc), would the CPS have to prove that I intended to commit a burglary, or would simply having those items (or similar) be an offence in and of itself?
Would this not be something ultimately decided in a trial by jury? In which case, wouldn’t ‘proof of intent’ be that which the CPS considers sufficient to demonstrate intent to the satisfaction of a jury?
So essentially there is no defence for possession of lockpicks (slim jim, crowbar etc), other than at home, except as tools of an associated trade? If I were to get s&s’ed and had those on my person, I’m likely to be going up before the beak on a charge of going equipped.
I didn’t expect that to be the case to be perfectly honest, I’m glad I asked.
Thanks.
Is it a similar situation in the US (obviously allowing for differing state laws)?
Not quite. The statute says possession of items made or adapted for certain crimes is *evidence * of intent. It doesn’t conclusively prove it. So it’s probably enough to go to trial on, but the defendant could always argue he had no such intention and offer an explanation.
It can’t be quite that simple - well, I don’t know about lockpicks - but crowbars, wrecking bars etc are available at B&Q - if simple possession is proof of intent, there would be no way to take them home after buying them.
It’s sort of strange, but I think slim jims are illegal to possess here in California (I could be wrong). Nevertheless, I’ve got two in my car that I bought at the local 99¢ store. Well, sue me for having a flat piece of metal in my car.
I asked a policeman (on another msgboard, I’m not sure which constabulary he works for, I think Met, but could be wrong) and his reply was that it was situational.
If he stops you walking down the high street on a saturday afternoon with a B&Q carrierbag with a crowbar in it along with reciept and an identity check on you turns up no arrest or criminal record you’d be sent on your way (if you had form for burglary though, he would want explanations). If he stops you in a carpark after seeing you peering into cars and finds a crowbar in your bag, you’ll be getting arrested. Likewise, if he stops you at 3am on a backstreet with a B&Q carrierbag, crowbar and reciept, you’re getting nicked.
He still needs ‘reasonable suspicion’ to stop and search you though, so it’s unlikely that you would be stopped on a saturday afternoon on the highstreet if you’re minding your own business.
He said he would be more suspicious of lockpicks, and if there had been a spate of burglaries with no forced entry in the area then you’d probably be detained for questioning, but he reckoned that as burglars generally don’t use lockpicks, it’s unlikely. He ended by suggesting that it’s not worth the risk though and you should just leave your lockpicks at home unless you’re a lockie or magician.