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Going equipped for stealing

s.25Theft Act 1968

Having with you, when not at your place of abode, any article for use in the course of or in connection with any burglary or theft.

Going equipped for stealing · Theft Act 1968, s.25Card 12 / 85

Points to prove

Place of abode – not defined in the Act. It means where the person lives. A car can be a place of abode only while it is parked and being used to live in, not while it is on the move (R v Bundy 1977).
Has with him – the article must be readily available to them, not just owned by them somewhere else.
Any article – no limit on the type of article. Everyday items such as gloves, screwdrivers or a coat altered to hide goods can all count.
Burglary – s.9. Theft – s.1. Taking a conveyance without consent under s.12(1) is treated as theft for this section (s.25(5)).

The article must be for use in a future burglary or theft. Having it after the offence is over is not enough (R v Ellames 1974). There is no need to prove a particular planned offence.
Evidence of intent – s.25(3): proof that the defendant had with them an article made or adapted for use in committing a burglary or theft is evidence that they had it for such use.
Fraud was removed from this section by the Fraud Act 2006. Articles for use in fraud now fall under s.6 of that Act, which also applies at home.
Committed with reference to the theft or taking of motor vehicles, it carries discretionary disqualification (Road Traffic Offenders Act 1988, Sch 2).