National Investigators Exam (NIE) Practice Exam

According to the Theft Act, when is a person guilty of an offence regarding stolen goods?

1. When goods are sold

2. When goods are received

3. When in constructive possession of the goods

4. When reporting the theft

The correct answer is: When in constructive possession of the goods

A person is considered guilty of an offence regarding stolen goods when they are in constructive possession of the goods. Constructive possession refers to the situation where an individual does not have direct physical control over the stolen items but has the power and intention to control them. This legal concept recognizes that possession can exist even if the individual is not physically holding the items. For instance, if someone is storing stolen goods in a location they control, they may be charged with an offence, even if they weren’t the one who physically took or sold the items. This principle is particularly important in theft-related cases as it broadens the scope of individuals who can be held accountable for possession of stolen property, reinforcing the notion that one does not need to directly handle the stolen goods to face legal consequences. In contrast, while the other options like selling or receiving stolen goods can also imply wrongdoing, they specifically pertain to actions taken after the goods have already been stolen. Reporting the theft does not imply any involvement with the items in question and does not constitute an offence.