Taking Without Consent (TWOC) Flashcards
What is a conveyance?
Anything constructed for the carriage of a person/s.
Land - car, lorry
Water - boat NOT A ROW BOAT
Air - plane helicopter
What is meant by taking a conveyance without consent?
“If without owner’s consent or lawful authority, he/she takes conveyance for own use, drives it, allows themselves to be carried in it”
What section and act is taking a conveyance without consent under?
Section 12, Theft Act 1968
What type of offence is taking a conveyance without consent?
Summary only
6 months / a fine
In joyriding; do all involved get charged with TWOK?
Yes, all individuals whether passenger or driver will get charged with TWOK. However, the sentences/fine will differ
As TWOK is a summary offence, there can be no what?
Attempted TWOK
If the charges are not put in for TWOK and nothing is done about the offence for 6 months, what happens?
The charges are dropped
What is defined as ‘taking’ in TWOK?
Requires movement. E.g.
Pushed and then used by another
Coasting inside a car
A conveyance put on another vehicle
Is just pushing a car TWOK?
No. It must be used for conveyance for it to be TWOK
What section and act is aggravated vehicle taking under?
Section 12 A, Theft Act 1968
What type of an offence is aggravated vehicle taking?
An either-way offence
2 years
14 years if it causes death
What is meant be Aggravated vehicle taking?
TWOK is committed (but only with mechanically propelled vehicles) and the vehicle was driven dangerously, an accident occurred resulting in injury / death, damage was caused to the vehicle.
What is section 12 (s) of the Theft Act?
A person who takes a pedal cycle without owners consent for the use of themselves or another”
Summary offence.
Fine.
If permanently deprived of the conveyance it is _______?
Theft not TWOK