Taking a Conveyance Flashcards
Conveyance
a vehicle designed to carry a driver or passenger (land, water or air)
Taking a conveyance - type of offence
Summary
Taking a conveyance - legislation
Section 12 theft Act 1968
Taking a conveyance definition
A person shall be guilty of an offence if, without having consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.
No need to show intention to permanently deprive (different to theft)
Lawful authority to remove conveyance
police officers, vehicle removal officers, bailiffs repossessing cars
Can passengers commit offence of taking a conveyance?
Yes, would need to prove they knew the car had been taken without consent
Taking a conveyance defence
genuine belief they had lawful authority to do so
would have had owners consent if they were asked (e.g. could be considered not an offence if using to save someone’s life because they think the owner would have consented had they known)
Aggravating factors for vehicle taking
Driven dangerously - excessive speed, deliberate disregard for the safety of others
An accident occurred causing injury
An accident occurred damaging any property other than that vehicle
Damage was caused to the vehicle
Aggravated vehicle taking legislation
Aggravated Vehicle Taking Act 1992
Aggravated Vehicle Taking - type of offence
Either way