Taking a conveyance Flashcards
TWOC / TDA
Taking without consent / taking and driving away
What legislation covers the basic offence of TDA?
Criminal Attempts Act 1981
Section 12 of the Theft Act 1968
(1) A person shall be guilty of an offence if, without having the 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.
(2) 6 months imprisonment or a fine, summary only (magistrates court) offence.
(6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.
How does TDA differ from theft?
The offence of taking a conveyance differs from theft as there’s no need to show an intention to ‘permanently deprive’ the owner. Therefore, if a suspect argues that they never intended to keep the conveyance, this is irrelevant – they’ve still committed the offence.
What is a conveyance according to the legislation?
“conveyance” means any conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air, except that it does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it, and “drive” shall be construed accordingly.’
In short, this means that to be a ‘conveyance’, the vehicle must have been designed to carry a driver or passenger.
What is ‘aggravated’ vehicle taking?
Aggravated vehicle taking is a commonly charged offence for criminals who have taken a car and driven it recklessly, often having been involved in a chase with police ending in damage to the car and/or injury. The aggravating factors lie in how the vehicle was driven, damage to it or other property and injury to persons.
Section 12A Theft Act 1968
The basic taking offence (S12 TDA/TWOC) must be committed in relation to a mechanically propelled vehicle; and
it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused.
(1) The circumstances needed are:
a. that the vehicle was driven dangerously on a road or other public place; or
b. that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person; or
c. that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle; or
d. that damage was caused to the vehicle.
What are the 4 points to prove for aggravated vehicle taken (note only one needs to be present)?
dangerous driving, injury, accident, damage
What is punishment for aggravated vehicle taking?
Aggravated vehicle taking is triable either at the magistrates court or the Crown Court as defined in the following articles in Section 12 of the Theft Act 1968:
(4) A person guilty of an offence under this section at Crown Court can receive imprisonment for up to two years or, if the driving or accident caused the death of the person concerned, then up to fourteen years.
(5) If a person who is charged with an offence under this section is found not guilty of the aggravated offence but it is proved that he committed a basic taking offence, he may be convicted of the basic offence.
What is punishment for TDA?
A person guilty of an offence under subsection (1) above shall on conviction on indictment be liable to imprisonment for a term not exceeding three years.
