Reset
Reset is the Scots common law crime of receiving or keeping property knowing it was obtained by theft, robbery, fraud or embezzlement, intending to keep it from its owner. It is Scotland's equivalent of handling stolen goods and usually involves buying or storing stolen items.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Receiving stolen goods, Handling stolen goods, Resetting |
|---|---|
| The law | Common law of Scotland |
| Where it is tried | usually summary procedure in the JP court (where the value does not exceed £2,500) or the sheriff court. High-value or organised reset can be prosecuted under solemn procedure before a sheriff and jury. |
| Maximum penalty | Reset is a common law crime, so there is no single statutory maximum: the limit depends on the court that deals with it. JP court: up to 60 days' imprisonment and/or a fine of up to £2,500. Sheriff court under summary procedure: up to 12 months' imprisonment and/or a fine of up to £10,000. Sheriff and jury (solemn procedure): up to 5 years' imprisonment and/or an unlimited fine, and the sheriff can remit (send) the case to the High Court for sentence if more is merited. High Court of Justiciary: up to life imprisonment and/or an unlimited fine. The JP court cannot try reset where the value exceeds £2,500. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- That the property had been dishonestly obtained by theft, robbery, fraud or embezzlement (section 51 of the Criminal Law (Consolidation) (Scotland) Act 1995 extends reset beyond theft and robbery)
- That the accused received or kept the property, or was knowingly involved in keeping it
- That the accused knew the property had been dishonestly obtained, which can be inferred from the circumstances, such as a very low price or suspicious source
- That the accused intended to keep the property from its true owner
Defences and common issues
- Lack of knowledge: the accused genuinely did not know the goods were stolen and the circumstances did not make it obvious.
- Intention to return: the accused meant to hand the goods to the owner or the police once they realised they were stolen.
- The property was not in fact stolen or dishonestly obtained.
- No possession or control: the accused had no real connection with where the goods were found.
Frequently asked questions
What does reset mean in Scots law?
Reset means receiving or keeping property that you know has been stolen, or obtained by robbery, fraud or embezzlement, with the intention of keeping it from its owner. It is a common law crime and is the Scottish equivalent of handling stolen goods. It covers people who buy stolen items, store them for someone else, or help keep them hidden. The thief themselves is charged with theft rather than reset for the same goods.
I bought something cheap that turned out to be stolen. Am I guilty of reset?
Not automatically. Reset requires knowledge that the goods were dishonestly obtained. If you genuinely did not know, you have not committed reset. However, the court can infer knowledge from the circumstances, such as a price far below the real value, a sale from a car boot or doorstep with no explanation, or missing serial numbers. Once you realise an item is stolen, keeping it can amount to reset, so contacting the police is the usual course.
Can I be charged with theft but convicted of reset?
Yes. Under Schedule 3 to the Criminal Procedure (Scotland) Act 1995, a person charged with robbery, theft, embezzlement or fraud can be convicted of reset instead if the evidence shows they received or kept the property rather than taking it. This means a prosecution does not fail simply because the court is not sure who stole the goods, if it is satisfied the accused knowingly kept them. A solicitor can explain how this might apply in a particular case.
What is the maximum sentence for reset in Scotland?
Reset is a common law crime, so the maximum depends on the court. The JP court can impose up to 60 days' imprisonment or a £2,500 fine and can only hear cases where the value is £2,500 or less. A sheriff under summary procedure can impose up to 12 months or a £10,000 fine, a sheriff and jury up to five years or an unlimited fine, and the High Court up to life imprisonment.
Is being found with stolen goods enough to convict me?
Not on its own, but it can be strong evidence. Scots law allows an inference of guilt where someone is found in possession of recently stolen property in circumstances that point to their involvement, such as possessing it soon after a theft with no credible explanation. The court still has to be satisfied beyond reasonable doubt on corroborated evidence. An innocent explanation for having the goods can be important, and a solicitor can advise on the evidence.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Law (Consolidation) (Scotland) Act 1995, section 51
- Criminal Procedure (Scotland) Act 1995, Schedule 3 (alternative verdicts)
- Scottish Government: Scottish Crime Recording Standard, Group 3 (crimes of dishonesty)
- Scottish Sentencing Council: Maximum and minimum sentences
- Criminal Procedure (Scotland) Act 1995, Part I (jurisdiction and sentencing powers of the courts)
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