Role play 7: going equipped for theft

This semi-scripted role play, part of a set taken from Law in action: learning through scripted role plays, includes the details of the charge and an outline script.

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The charge: going equipped for theft

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The policeman’s version as reported to the Crown Prosecution Service:

At 11.30pm I was sitting in an unmarked police car with a fellow officer when I observed the defendant coming towards me, on foot. I knew that he was out on bail awaiting sentence for a previous burglary and that his bail carried a condition of a curfew between the hours of 9.00pm and 8.00am – he was, therefore, in breach of his bail.
 
I confronted him and drew his attention to the time and he said that he was fed up and had just gone out to the pub for a drink. I wasn’t satisfied and I searched him and discovered that he had on him a heavy screwdriver in the inside pocket of his jacket, what looked like part of a wire coat hanger, a small torch and two pairs of disposable gloves, together with two door keys, a set of four car keys and a small amount of money.
 
When asked to explain some of these items he said that he had been repairing his car and the torch, screwdriver and wire were for that purpose; the gloves were to keep his hands clean whilst effecting the repair. He had simply put them in his anorak pocket and had forgotten about them when he set off for the pub. The keys were for his own house and one car key was for his own car, the others were old keys from previous cars which he had owned.
 
I didn’t accept his explanations and, knowing his background, I cautioned him, arrested him and conveyed him to the charge office where he was again cautioned and he replied, “I’ll plead guilty to breaching my bail but nothing else – I want to see my solicitor.”
 
The defendant’s version as told to his solicitor:
 
I hadn’t been out for a drink all week and I was fed up. I went to the pub and left about 11.00pm. It was a fine night and I went to walk home the long way round to get some fresh air.
 
I had been working on my old car, on my own, in a lock up garage and when I left I put the screwdriver, a piece of wire and the torch in my anorak pocket and forgot about them – together with the gloves that I use to keep my hands clean.
 
I had my house keys, the key to my car and three other car keys which were from cars which I used to own.
 
I’m up for a burglary in two weeks and I was bailed for reports. I said I was guilty of breaching my bail because I was just fed up, but I wasn’t going equipped.
 
The script

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Usher:
Number six on the list, your worships, Leroy Smith, represented by Ms Legg.
 
Clerk:
Are you Leroy Smith of 24 Anderson Drive, Belper, Derbyshire?
 
Defendant:
Yeah.
 
Clerk:
It is said that contrary to Section 25 of the Theft Act 1968 you were going equipped for theft on the 25th of last month. Do you understand the charge?
 
Defendant:
Yeah.
 
Clerk:
At a previous hearing it was agreed that this matter would be heard before the magistrates and you indicated a not guilty plea – I assume that is still your intention?
 
Defendant:
That’s right – not guilty.
 
Chairman:
Please sit down. [Looks at prosecuting solicitor] Yes Ms Johnson?
 
Prosecuting solicitor:
[Makes opening statement and calls the first witness, the police officer]
 
Usher:
Take the testament in your right hand and read aloud from the card.
 
Police officer:
[Takes oath – states name and rank]
 
Prosecuting solicitor:
[Conducts examination in chief]
 
Chairman:
[Looks at defending solicitor] Yes Ms Legg?
 
Defending solicitor:
[Cross examines prosecution witness]
 
Prosecuting solicitor:
[Re-examines the first witness]
[Calls any subsequent witnesses and examines in chief, followed by any re-examination]
 
Defending solicitor:
[Cross examines any subsequent prosecution witnesses]
 
Prosecuting solicitor:
Unless you have any questions, your worships, that is the case for the prosecution.
 
Chairman:
[After consulting wingers] No, we have no questions.
[Looks at defending solicitor] Ms Legg?
 
Defending solicitor:
I call the defendant.
[Defendant enters witness box and is sworn]
 
Usher:
Hold the testament in your right hand and read aloud from the card.
[The witness reads from the card]
 
Defending solicitor:
[Conducts the witness through examination in chief]
 
Prosecuting solicitor:
[Cross examines witness]
 
Defending solicitor:
[Defence opportunity to re-examine witness]
[Defence calls and examines subsequent witnesses]
 
Prosecuting solicitor:
[Cross examines subsequent witnesses]
 
Defending solicitor:
[Re-examines subsequent witnesses]
[Makes closing speech]
 
Chairman:
The bench will retire.
 
Usher:
All rise.

Last Modified: 30 June 2010