TWOC

Question 1

Taking a conveyance without the owner’s consent

Answer 1

S12 Theft Act 1968

Question 2

TWOC level of offence

Answer 2

Summary

Question 3

TWOC definition

Answer 3

A person commits an offence if, without the owner’s consent or 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 it or on it.

Question 4

Consent of the owner

Answer 4

Consent must be true consent
Consent is still valid even if obtained by deception, unless the deception is one where identity is an issue
Even if D obtained consent by misrepresentation as to the purpose/destination it would not negate consent as identity is not an issue
Only if after a lawful purpose had been fulfilled, D did not return the car the offence would be committed as D went beyond the limits of the consent given by the owner

Question 5

Lawful authority

Answer 5

E.g.
Police officer moving vehicle after RTC
Council worker moving a car parked against restrictions
Agent of finance company repossessing a vehicle

Question 6

Takes

Answer 6

Requires positive movement
Moving it a couple of metres is not sufficient
Don’t have to show the engine was turned on - releasing handbrake on hill and letting it roll would be sufficient

Question 7

Conveyance

Answer 7

Any equipment constructed or adapted for the carriage of persons whether by land, water or air
So includes cars, motor bikes, boats, planes

Question 8

Use

Answer 8

Must be taken to be used as a conveyance, not just for mischief
Pushing a car away does not class as use if no one rides on/in it during
Future intended use is sufficient

Question 9

Allow to be carried

Answer 9

Must know that the conveyance has been taken without consent of the owner or other lawful authority
Suspecting is not enough

Question 10

TWOC defence

Answer 10

No offence if D believed he had lawful authority or he would have had the owners consent if the owner knew the circumstances
Must have had this belief at the time of the taking

Question 11

TWOC of a pedal cycle

Answer 11

S12(5) Theft Act 1968
TWOC for bikes
Summary

Question 12

Aggravated vehicle taking

Answer 12

S12A Theft Act 1968

Question 13

Aggravated vehicle taking level of offence

Answer 13

Either way

Question 14

Aggravated vehicle taking definition

Answer 14

A mechanically propelled vehicle was taken (as per TWOC) and at any time after it was taken and before it was recovered:
The vehicle was driven dangerously, or
Owing to the driving of the vehicle an accident occurred causing injury to any person or damage to any property, or
Damage was caused to the vehicle.

Question 15

Mechanically propelled vehicle (MPV)

Answer 15

Anything that can be powered from a renewal source of energy - GOPEDS

Question 16

GOPEDS

Answer 16

Gas
Oil
Petrol
Electric
Diesel
Steam

Question 17

Driven dangerously

Answer 17

Can be by-
Driving
State of vehicle
Anything attached/carried on it
Obvious to driver that driving in that way would be dangerous
Danger of injury to any person or serious damage to property

Question 18

Recovered

Answer 18

A vehicle is recovered when it has been restored to its owner or other lawful possession or custody. Would include when it has come into possession of the police.

Question 19

Defence to aggravated vehicle taking

Answer 19

Defence if D proves, on the balance of probabilities, that the driving/accident/damage occurred before they committed the basic offence (TWOC) or they were not in the immediate vicinity when the driving/accident/damage occurred.
Immediate vicinity - fact for the jury to determine