Taking a Conveyance without Consent Flashcards
Taking a Conveyance without Owners Consent
s12 Theft Act 1968
A person commits an offence if without having the consent of the owner…or other lawful authority…he/she takes any conveyance for his/her own or another use,
or…
knowing that any conveyance has been taken without such authority…drives it or allows him or herself to be carried in or on it.
Penalty:
- Summarily– 6 months and/ or a fine.
Can you attempt to take a conveyance without consent?
Being that it is a summary only offence, there can be no attempt.
Once a conveyenace has been ‘taken’ can it be ‘taken’ again by the same person?
No, however where the original taker abandons the conveyance, it may be ‘taken’ again by a further defendant and the original taker may be responsible for further offences arising.
To meet the conditions of the Taking Without Owners Consent (TWOC) definition the person must know…
That the conveyance has been taken without consent.
There could be cases where someone gets into a vehicle not knowing it has been taken without consent.
As soon as it comes to light they must make efforts to safely leave the vehicle, or the offence will be complete.
Practically though you will find it is often difficult to prove their knowledge around whether the car had been taken without consent or not.
Is consent still viable even if obtained by a deception?
Yes – this will be the case unless the deception is one where identity is an issue.
“Lawful authority” Explanation
A police officer removing a vehicle which is obstructing traffic after an accident, council workers removing a vehicle parked in contravention of parking restrictions or an agent of a finance company reposessing a vehicle would be examples.
“Takes” Explanation
Must show the conveyance has MOVED, doesn’t matter how little.
Starting the engine is not enough.
Putting it on top of another vehicle still counts.
Before we can examine the definition of Taking a Conveyance without Consent (TWOC) we first must understand what a conveyance is…?
s12(7) Theft Act 1968
A conveyance is any equipment constructed or adapted for the carriage of a person or persons whether by land, water or air.
Bikes are excluded from this part of the act and are covered by their own offence.
“For His Own or Another’s Use” Explanation
Conveyance must be taken for ultimate use as a conveyance.
Pushing it round a corner as a prank satisfies the first part “taking” but not the second “for his own or another’s use as a conveyance”. If someone then got in and started it, from the moment it was pushed the offence is committed.
“Drives or Allows to be Carried” Explanation
The conveyance must actually move.
Suspect needs to know that the conveyance has been taken without consent.
If the person being carried is unaware that the owner hasn’t given consent, and then is made aware, it must be shown they have attempted to leave when they have the opportunity to do so.
Taking a Conveyance without Owners Consent
s12(6) Theft Act 1968
(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.
It is essential that this belief exists at the time of taking. It is not enough if the owner says, later, that he would have consented had he known.
Aggravated Vehicle Taking Offence
s12A of the Theft Act 1968
The offence of TWOC is “aggravated” if it is committed in respect of mechanically propelled vehicle and at least one of the following circumstances occurred after the vehicle was taken and before it was recovered:
- It was driven dangerously on a road or public place; or
- It caused an accident in which somebody was injured; or
- It caused damage to property; or
- The vehicle itself was damaged.
Penalty:
- Summarily– 6 months and/ or a fine.
- Indictment– 2 years and/ or fine (14 years if accident under s12A(2)(b) caused death.
- Disqualification from driving (min 12 months), endorsement of licence and points (3-11) obligatory.
Aggravated Vehicle Taking Offence
You need to one of which consequential factors occurred before the vehicle was recovered?
- It was driven dangerously on a road/ public place.
- Owing to the driving of it, an accident occurred by which injury was caused to anyone or damage was caused to any other property; or.
- Damage was caused to it (not by breaking into it)
Defences to Aggravated Vehicle Taking Offence
(3) A person is not guilty of an offence under this section if he proves that, as regards any such proven driving, injury or damage as is referred to in subsection (1)(b) above, either—
(a) The driving, accident or damage referred to in subsection (2) above occurred before he committed the basic offence; or
(b) He was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.
Question: Trevor and Luke are walking to the shops when they see their neighbour’s car is unlocked. They know he leaves his keys under the mat. It is raining so they drive the car to the shops and then drive it straight back, parking it in the same space. They return the keys under the mat and their neighbour never realises.
Have they committed TWOC?
- Yes, they have committed TWOC.
- They have taken the car without their neighbour’s consent and have driven it to the shops. It is regardless that he noes not realise this has happened the offence has taken place.
