Taking A Conveyance Without Owner's Consent (TWOC)

Question 1

What is the key difference between theft and TWOC?

Answer 1

The intent to permanently deprive: in theft it is present; in TWOC it is not

Question 2

Which extract of legislation covers TWOC?

Answer 2

Section 12 The Theft Act 1968

Question 3

What is the definition of Section 12 TWOC?

Answer 3

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.

Question 4

What is the Actus Reus of Section 12 TWOC? (2 instances)

Answer 4

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

Question 5

What is the Mens Rea of Section 12 TWOC?

Answer 5

Knowing one does not have the conveyance owner’s consent

Question 6

How is Section 12 TWOC triable?

Answer 6

Summary only, in Magistrates

Question 7

Can Section 12 TWOC ever be “attempted”?

Answer 7

No - it is a summary only offence and cannot be attempted

Question 8

What must be the case with regard to a vehicle for a legitimate charge of Section 12 TWOC?

Answer 8

The conveyance MUST move at some point

Question 9

What is a conveyance?

Answer 9

Anything constructed or adapted to carry a person some distances by land, sea or air

Question 10

Must a conveyance have an engine?

Answer 10

No - a conveyance may have, but does not have to have, an engine

Question 11

Does a conveyance have to be used to be a conveyance?

Answer 11

No

Question 12

Is a trolley/trailer a conveyance?

Answer 12

No - it is not designed or adapted to carry a person any distance

Question 13

What is the chief way to determine when something IS NOT a conveyance?

Answer 13

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

Question 14

What must be the character of consent for the Taking of a Conveyance to be lawful?

Answer 14

The consent must be true consent

Question 15

Can deviating from an expected journey constitute Section 12 TWOC?

Answer 15

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.

Question 16

If the same job is carried out for the same purpose but in a different location, would this constitute Section 12 TWOC?

Answer 16

Generally, no - if the purposed is contained within the same umbrella it is likely the consent would extend to it

Question 17

Is it ever possible for the taking of a conveyance without the owner’s consent to be lawful?

Answer 17

Yes - usually by the first service, police, bailiffs etc.

Question 18

Must the movement of a conveyance be in a particular manner for a legitimate charge of Section 12 TWOC?

Answer 18

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

Question 19

If the movement of a vehicle is accidental, could this still constitute Section 12 TWOC?

Answer 19

No - the movement must be intentional. Accidental movement of a conveyance, even if the ignition is on, is not itself sufficient for TWOC

Question 20

Can TWOC occur multiple times following the taking of a conveyance?

Answer 20

No - once a TWOC has been conducted it cannot continue to be committed by the same person before it is recovered

Question 21

Is moving a conveyance itself sufficient for a charge of Section 12 TWOC?

Answer 21

No - the conveyance must be moved for the purpose of conveyance

Question 22

What is the first available defence to Section 12 TWOC?

Answer 22

At the time of the suspect taking the conveyance, they had lawful authority to move it

Question 23

What is the second available defence to Section 12 TWOC?

Answer 23

That the suspect would have had the owner’s consent had the owner known of BOTH the TAKING and the CIRCUMSTANCES

Question 24

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?

Answer 24

The must KNOW the conveyance was taken without consent - high threshold

Question 25

How is “drives” defined with respect to Section 12 TWOC?

Answer 25

Controlling the propulsion, steering, movement and direction of a conveyance