Taking A Conveyance Without Owner's Consent (TWOC) Flashcards
What is the key difference between theft and TWOC?
The intent to permanently deprive: in theft it is present; in TWOC it is not
Which extract of legislation covers TWOC?
Section 12 The Theft Act 1968
What is the definition of Section 12 TWOC?
A person is guilty 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.
What is the Actus Reus of Section 12 TWOC? (2 instances)
Take a conveyance for his own or another’s use without the owner’s consent OR
drives or allows himself to be carried in or on a vehicle he knows not to be taken with authority
What is the Mens Rea of Section 12 TWOC?
Knowing one does not have the conveyance owner’s consent
How is Section 12 TWOC triable?
Summary only, in Magistrates
Can Section 12 TWOC ever be “attempted”?
No - it is a summary only offence and cannot be attempted
What must be the case with regard to a vehicle for a legitimate charge of Section 12 TWOC?
The conveyance MUST move at some point
What is a conveyance?
Anything constructed or adapted to carry a person some distances by land, sea or air
Must a conveyance have an engine?
No - a conveyance may have, but does not have to have, an engine
Does a conveyance have to be used to be a conveyance?
No
Is a trolley/trailer a conveyance?
No - it is not designed or adapted to carry a person any distance
What is the chief way to determine when something IS NOT a conveyance?
If it is not designed (either made or adapted) to carry a person, it is not a conveyance. It is not enough for something to be intended as a conveyance to be so - it must be manufactured to some end for that purpose
What must be the character of consent for the Taking of a Conveyance to be lawful?
The consent must be true consent
Can deviating from an expected journey constitute Section 12 TWOC?
Yes - if this deviation contravenes the level of consent given by the conveyance owner. A minor deviation will generally not deemed to be TWOC however.
If the same job is carried out for the same purpose but in a different location, would this constitute Section 12 TWOC?
Generally, no - if the purposed is contained within the same umbrella it is likely the consent would extend to it
Is it ever possible for the taking of a conveyance without the owner’s consent to be lawful?
Yes - usually by the first service, police, bailiffs etc.
Must the movement of a conveyance be in a particular manner for a legitimate charge of Section 12 TWOC?
No - it can be moved in a variety of ways so long as these are intentional i.e. driving /releasing the handbrake/pushing the conveyance
If the movement of a vehicle is accidental, could this still constitute Section 12 TWOC?
No - the movement must be intentional. Accidental movement of a conveyance, even if the ignition is on, is not itself sufficient for TWOC
Can TWOC occur multiple times following the taking of a conveyance?
No - once a TWOC has been conducted it cannot continue to be committed by the same person before it is recovered
Is moving a conveyance itself sufficient for a charge of Section 12 TWOC?
No - the conveyance must be moved for the purpose of conveyance
What is the first available defence to Section 12 TWOC?
At the time of the suspect taking the conveyance, they had lawful authority to move it
What is the second available defence to Section 12 TWOC?
That the suspect would have had the owner’s consent had the owner known of BOTH the TAKING and the CIRCUMSTANCES
What epistemic level must be reached in respect of the conveyance being taken without consent for a suspect who has driven it or been carried in or on it to be subject to a legitimate charge of Section 12 TWOC?
The must KNOW the conveyance was taken without consent - high threshold
How is “drives” defined with respect to Section 12 TWOC?
Controlling the propulsion, steering, movement and direction of a conveyance
