Are you wondering if it’s okay to purchase stolen property in the UK? Stolen property is, of course, property that’s no longer possessed by its legal owner. And if you’re buying stolen items to sell for profit, that’s definitely illegal, an act known colloquially as “fencing.”

Fences may conjure images of seedy underworld characters like Fagin from Oliver Twist, but the reality is less dramatic. Instead, most fences act as middlemen between thieves and eventual buyers, many of whom don’t even know they’re purchasing stolen goods.

Of course, you don’t have to be a Dickensian character to buy stolen goods. In fact, you could have no idea you’re purchasing stolen property, as one unlucky couple discovered in 2015. So did you still commit a crime? And what happens to your money? Let’s explore the legality of knowingly and unknowingly buying stolen property in the UK.

If you need legal advice, speak to a lawyer in the UK.

Handling stolen goods

Under s. 22(1) of the 1968 Theft Act, the official name of the statutory offence for fencing or buying stolen property is “handling stolen goods.” A charge of handling stolen goods requires three facets: a stolen item, the dealing, and the knowledge of the theft.

The first element is straightforward: a stolen item means anything stolen anywhere, as well as the stolen goods’ proceeds and anything purchased with these proceeds. The definition of dealing or handling is broader but generally encompasses receiving, keeping, removing, or disposing of stolen goods. Finally, the last element is critical: the accused must know or believe that the goods were acquired illegally.

Of course, this isn’t easy to prove; courts generally agree that suspicion alone isn’t enough to demonstrate knowledge or belief. However, courts don’t tolerate wilful ignorance. That is, if you purchased items from an unreputable source well below their actual value, and with any serial or identification marks removed, you likely couldn’t claim you didn’t know the goods were stolen.

What punishment could I face for purchasing stolen property?

As you’d imagine, the punishment for handling stolen property depends on the stolen items — buying a stolen bicycle isn’t the same as getting your hands on some priceless jewelry or art.

The UK Sentencing Council lists a maximum of 14 years in prison for handling stolen property, but that’s not indicative of every case. First, a court would determine an individual’s culpability: high, medium, or lesser. High culpability constitutes a leading role in the crime and possession of recently stolen goods; medium culpability means a supporting role and acquiring stolen goods for resale, and lesser culpability involves limited knowledge of the crime and receiving goods for personal use.

Next, a court will consider the financial loss and personal harm caused by the crime. This definition of harm has four categories.

The Different Sentencing Categories

Category 1: The stolen goods are worth more than £100,000. Or the goods are worth between £10,00 and £100,000 with significant additional harm.

Category 2: The stolen goods are worth between £10,00 and £100,000 with no additional harm. Or the goods are worth between £1,000 and £10,000 with significant additional harm.

Category 3: The stolen goods are worth between £1,000 and £10,000 with no additional harm. Or the goods are worth up to £1,000 with significant additional harm.

Category 4: The stolen goods are worth up to £1,000 with little or no additional harm.

Buy stolen property in the UK

Let’s revisit the stolen bicycle and jewellery examples. Losing a bicycle may not come with significant additional harm (although there certainly are situations where it could), and many bikes are worth less than £1,000, so this would probably fall into Category 4.

An expensive piece of jewelry perhaps passed down as an heirloom, could fall into Categories 1 or 2 — the value might be high, and the theft would cause significant emotional damage.

Yes, the sentencing for handling stolen goods is complicated, but the essential points are an individual’s culpability in the crime and the value and harm of the stolen items.

What happens if I unintentionally purchase stolen items?

So you’re not a fence, and you’re not intentionally buying stolen bicycles. But what if you purchase a used item on a marketplace that happens to be stolen? Are you going to face charges? Luckily, no. But if you know to whom the goods belong, you should return them immediately. And if you don’t, contact the police — if you’re honest about what happened, you won’t face charges.

Can I get my money back if I accidentally buy the stolen property?

So you’ve returned the stolen items and are now thinking about the money you spent. Understandable. The good news is that under the 2015 Consumer Rights Act, you’re entitled to a full refund from the seller. The bad news is that individuals selling stolen property may not always be able or willing to honour refunds. Plus, if you bought the items before October 1, 2015, you may not be legally entitled to a full refund.

Conclusion

Buying stolen property isn’t always as dramatic as someone fencing stolen jewellery — most of the time, people simply sell “used” bikes or appliances at heavily discounted prices. Either way, it’s illegal to knowingly buy stolen property in the UK; you could be charged with handling stolen goods, which carries a maximum sentence of 14 years in prison.

But there’s an important caveat: if you accidentally purchase stolen items (and there’s no way you could’ve known they were stolen), you won’t face charges. As long as your return the items and cooperate with any investigations, you’ll be in the clear. Plus, you have the legal right to a full refund. So be careful when buying used items from someone you don’t know: if a deal seems too good to be true, it probably is.