Taking A Conveyance Flashcards
What is taking a conveyance?
Taking a vehicle designed for a person (a conveyance) without the owners consent or other lawful authority for use as a conveyance
What is taking a conveyance also known as?
TDA (taking and driving away) and TWOC (taking without owners consent)
What legislation covers taking a conveyance?
Section 12 of the Theft Act 1968
What type of conveyance does S12 (1) of the theft act 1968 NOT apply to?
A pedal cycle. This is covered separately under S12 (5) of the Theft Act 1968
What type of offence is taking a pedal bike and what is the sentencing?
Summary offence only. Liable to a fine.
What section of the Theft Act would taking a pedal cycle come under?
Section 12, subsection 5, of the Theft Act 1968
What law would unlawfully taking a car without the owners consent fall under?
Section 12, subsection 1, of Theft Act 1968
What does S12 of Theft Act 1968 say?
Guilty of an offence if, without the consent of the owner or other lawful authority, he takes any conveyance for his or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in it
Under S12 (6) of Theft Act 1968 (TDA) when would someone NOT have committed the offence?
If it was done in the belief that he had lawful authority or that he would have the owners consent if they knew
What is a conveyance?
A transportation vehicle. Anything designed, constructed or adapted for the carriage of a person or persons (either driver OR passenger) by land, water or air
Could a horse be a conveyance?
No as it wasn’t designed, constructed or adapted for the carriage of a person (Neal v Gribble (1979))
Could a shopping trolley be a conveyance?
No. Not designed, constructed or adapted for carriage of a person(s)
What / who would have other lawful authority to take a conveyance?
Police officers, vehicle removal officers, bailiffs repossessing cars etc
Why can’t the basic offence of TDA be attempted under the Criminal Attempts Act 1981?
TDA is summary only and isn’t indictable so can only be tried at magistrates court
What part of proving theft doesn’t have to be proved in TDA / taking a conveyance?
The intention to permanently deprive the owner
What does ‘for their own or another’s use’ mean with regard to taking a conveyance?
It must be taken and used as a conveyance by the person taking it or another person. If it isn’t used as a conveyance during the taking of it then it has to be established that the purpose of taking it was to use it later as a conveyance
What is an example of not taking a conveyance for his or another’s use?
If you untied a boat at a canal and let it float away as you haven’t taken the boat to use as a conveyance
What type of offence is TDA / taking a conveyance?
Summary offence only (magistrates court)
What is the sentencing options for taking a conveyance / TDA?
Up to 6 months imprisonment and / or a fine (S12 (2) Theft Act 1968)
What two points need to be proven with regard to the TAKING part of taking a conveyance?
- That the conveyance has actually moved (can be small distance and not used as a conveyance to move) 2. That the taking was intentional
If someone’s foot accidentally touches the accelerator of a car they are sat in without the owners consent or other lawful authority have they taken the conveyance?
No, as the ‘taking’ ie movement was unintentional and an accident
If the number plate and engine of a car is removed is this theft or TDA / taking a conveyance?
Potentially theft. Not TDA
A bailiff with a court order comes to a house to take a car. No one answers so they take the car away without the owners consent. Is this TDA?
No as they have other lawful authority (bailiff with a court order)
What section of the law covers aggravated vehicle taking?
Section 12a of the Theft Act 1968
Generally what is the difference between a basic offence and an aggravated offence?
An aggravated offence will generally have a higher sentence than the basic offence as the harm caused the victim is generally greater
What type of conveyance does Section 12A of the Theft Act 1968 relate to?
Mechanically propelled vehicles
Before considering aggravated vehicle taking under section 12A of the Theft Act what must first be proven?
That the basic offence of taking a conveyance under section 12 (1) of the Theft Act 1968 has been committed for a mechanically propelled vehicle
Under S12A of the Theft Act, what aggravating factors could be considered once the basic offence of TDA is established?
- How the vehicle was driven i.e. dangerous driving, 2. an accident causing damage to other property, 3. damage to the specific vehicle taken, 4. injury to persons
What is the timeframe in which aggravating factors have to have occurred under Section 12A of the Theft Act 1968?
At any time after the vehicle was unlawfully taken and before it was recovered
What needs to be proven under section 12A of the Theft Act 1968 once the basic offence is established?
That the vehicle was driven, or injury or damage was caused, in one or more of the following:
1. the vehicle was driven dangerously on a road or other public place
2. That an accident occurred as a result of the driving of the vehicle which caused injury to any person
3. That an accident occurred as a result of the driving of the vehicle which caused damage to any property (other than the vehicle)
4. That damage was caused to the vehicle
What type of offence is aggravated vehicle taking and what are the sentencing options?
Either way offence (magistrates or Crown court). Up to 2 years in prison or Up to 14 years if the accident caused the death of the person concerned
When could someone be guilty of the basic offense of taking a conveyance but NOT of aggravated vehicle taking even if an accident occurred?
If the driving accident or damage occurred BEFORE they committed the basic offence, OR, they were not in the immediate vicinity of the vehicle when the driving accident or damage occurred
Is taking a car for a ‘joyride’ theft or taking a conveyance / TDA?
Taking a conveyance. It’s not theft as there is no intention to permanently deprive the owner of it
