Taking Without Owners Consent Flashcards
Define the offence, Taking Without Owners Consent (TWOC)
A person commits an offence who
Without consent if the owner or other lawful authority takes a conveyance for their own or another’s use or knowing that a conveyance has been taken without authority drives it or allows themselves to be carried in or on it.
Section 12(1) of the theft act 1968
What is TWOC also know as in Lancashire?
Unauthorised taking of a motor vehicle or UTMV
Define conveyances with respect to TWOC
A conveyance is any conveyance constructed or adapted for the carriage of a person or persons by land, water or air.
Except one constructed or adapted only for use under the control of a person not carried in or on it.
Animals are not conveyances, but the a carriage drawn by a horse would be.
Pedal cycle (and any other pedestrian controlled vehicles) are not conveyances.
Define valid / non valid consent wtr TWOC
Consent will be valid if
- true consent was given
- the person taking the conveyance has a genuine belief that the owner would have consented
Consent will not be valid if
- obtain by threats or violence or intimidation
- the person goes beyond the scope of the permission given (conditional consent)
Define lawful authority wrt TWOC
This would cover a police officer moving an obstruction or a broken down vehicle and also the seizure of a vehicle by other legal authorities such as HM customs & excise
Define takes wrt TWOC
A person takes a vehicle if they assume possession or control of a conveyance and move it or causes it to be moved. A vehicle is taken if it is moved any distance from its original position.
Define for their own or another’s use
Use may mean taking the vehicle for the purpose of immediately ‘stealing a ride’. Use may cover use of the vehicle in the future. Riding in or on a vehicle whatever the purpose is classed as use.
Define ‘drives it’ wrt TWOC
This covers the control and propulsion of the conveyance and includes driving in the accepted sense of the word AND rowing, gliding or sailing depending upon the type of conveyance taken.
Define ‘allows themselves to be carried’ wrt TWOC
This means as a passenger. For driving and allowing yourself to be carried you must prove that the conveyance was in motion.
Defences for TWOC
They had lawful authority to do it or
They would have had the owners consent if the owner knew of their doing and the circumstances of it even if the belief is mistakenly held
Define aggravated TWOC
Section 12(A) of the theft act 1968
A person is guilty of aggravated vehicle taking if they commit an offence of TWOC under section 12(1) theft act 1968 in relation to a mechanically propelled vehicle and after the vehicle was unlawfully taken and before it was recovered any of the following aggravating circumstances occurred:
- The vehicle was driven dangerously on a road or other public place
- Owing to the driving of the vehicle and accident occurred by which injury was caused to any person - including the driver.
- Owing to the driving of the vehicle an accident occurred by which damage was caused to any property other than that vehicle.
- Damage was cause to the vehicle
Define Mechanically Propelled Vehicle
Vehicle propelled by: Gas Steam Petrol Diesel Oil Electric
Define interfering with motor vehicles offence
A person is guilty of this offence if they
Interfere with
A motor vehicle or a trailer of anything carried in or on a motor vehicle or trailer
With the intent that one of the following offences shall be committed by themselves or some other person:
- Theft of the motor vehicle, trailer or part of it, or anything carried in or on it.
- theft from the motor vehicle or trailer
- TWOC
SECTION 9 Criminal Attempts Act 1981
