Taking Without Consent

Question 1

What is a Conveyance

Answer 1

Any Conveyance constructed or adapted for the carriage of a person.
Not a hand pulled cart
Not human powered boats
Not a horse / animals

Question 2

If the conveyance is permanently deprived is this a TWOC or a theft

Answer 2

Theft

Question 3

You stop a TWOCed car 3 up. who is guilty?

Answer 3

All those in or on the vehicle

Question 4

Is TWOC a summary or incitacble offence?

Answer 4

Summary

Question 5

What it the investigative time limit for a Twoc?

Answer 5

six months but if sufficient evidence is received an extension up 3 years can be applied for.

Question 6

Dose TWOC carry a power of entry?

Answer 6

No - summary only

Question 7

Consent

Answer 7

True consent not gained by threats or coercion. Gained from the owner

Question 8

a Connivance is move via another vehicle is this TWOC

Answer 8

Yes

Question 9

If a vehicle is unintentional is this TWOC

Answer 9

No

Question 10

Id the suspect takes a break in the journey is this TWOC

Answer 10

The TWOC is continued as one offence not two.

Question 11

Takes for the purpose of TWOC

Answer 11

Dose not matter how far. Must be used as a convenience and not just for mischief.
Not just pushing
Pushing for another’s use is TWOC
Coasting inside a car is TWOC

Question 12

Defendant has coasted in a vehicle is this TWOC

Answer 12

yes

Question 13

Defendant float down a river in a boat is this TWOC

Answer 13

No

Question 14

TWOC offence wording

Answer 14

A person commits an offence
if without the owner’s consent or other lawful authority;
he/she takes a 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 it or on it.

Question 15

Aggravated vehicle taking wording

Answer 15

TWOC must be present first
Must be a mechanically propelled vehicle
AND:
Driven dangiously on a road / public place
Causes an injury or damage to property
Damage was caused to the vehicle.

Question 16

Definition of a Mechanically Propelled vehicle

Answer 16

must have a renewable source of energy:
Gas
Oil
Petrol
electric
Diesel
Steam

Question 17

For the purposes of TWOS what is a public place?

Answer 17

Any place open to the public via payment or otherwise.

Question 18

Points to prove driven dangerously for TWOC

Answer 18

Damage caused to the vehicle
Damage to property
Injury to a person

no need to prove intent
Actus reus only

Question 19

Is aggravated TWOC a summary or incitacble offence?

Answer 19

Either way

Question 20

Dose Aggravated twoc have powers of entry

Answer 20

Yes Either way offence

Question 21

When is the vehicle recovered

Answer 21

When the police, owner or other lawful authority recovers the vehicle.
It is not recovered if merely reported to the police.

Question 22

Test for dangerous driving

Answer 22

Mr Mrs average would say, falls below the standard of a careful driver

Question 23

Defences

Answer 23

It is a defence for the defendant to prove,
on the balance of probabilities, that:
the driving, accident or damage occurred before they committed the basic section12(1) offence (TWOC)
or
they were not in the vehicle or in its immediate vicinity when the driving, accident or damage occurred.