TWOC Flashcards
TWOC: Section 12(1) of the Theft Act 1968
Summary offence: six months imprisonment and/or fine
Definition
A person commits an offence if he, without consent of the owner or other lawful authority, takes any conveyance for their own or another’s use,
OR
Knowing that a conveyance has been taken without authority, drives it or allows himself to be carried in or in it.
When is ‘TWOC’ theft?
When DAPBIP is committed
What is a conveyance?
Any conveyance constructed or adapted for the carriage of a person or persons by land, water or air.
ARE conveyance:
- vehicles made or adapted to carry persons, when drawn by an animal
ARE NOT conveyance:
- conveyances constructed or adapted only for use under the control of a person not carried in or on it, e.g. lawnmower
- animals
- pedal bicycles
- pedestrian-controlled vehicles, e.g. milk floats, post office carts
When is it aggravated ‘TWOK’?
Causes damage to property
Causes damage to vehicle
Causes injury to any person
Dangerous driving in public road/place
Consent
Consent will be VALID if:
- consent was given
- the person taking the conveyance has a genuine belief that the owner would have consented
- even if obtained by fraud, e.g. use a false license to hire a car
Consent will NOT BE VALID if:
- obtained by threats of violence or intimidation
- the person goes beyond the scope of the permission given - so-called ‘conditional consent’
- Obtained by deception as to use - fundamental misrepresentation, e.g. states going to Bradford, then goes to Birmingham
Lawful Authority
Examples
- A police officer moving an obstruction or a broken-down vehicle
- Seizure of a vehicle by legal authorities such as HM Customs and Excise
Takes
A person takes a vehicle if they assume possession or control of a conveyance, and moves it or causes it to be moved.
A vehicle is taken if it is moved any distance from its original position.
For his own or another’s use
Use may mean TWOC for the purpose of immediately ‘stealing a ride’
‘Use’ may cover use of the vehicle in the future
‘Another’s use’ may be where a car thief steals a car for temporary use in a bank robbery.
Drives it
Covers the control AND propulsion of the conveyance
- Includes driving in the accepted sense of the word
AND - Rowing, gliding or sailing, depending upon the type or conveyance taken.
Meaning of the term: R v McDonagh
- The essence of driving is the use of the driver’s controls for the purpose of directing the movement of the car however the movement is produced.
Allow yourself to be carried
As a passenger
For driving and allowing yourself to be carried, you must prove that the conveyance was in motion
DEFENCES
A person does NOT commit this offence, by doing anything in the belief that:
- He had lawful authority to do it
OR
- He would have the owner’s consent if the owner knew of his doing it AND the circumstances of it, even if the belief is mistakenly held.
Aggravated Vehicle Taking: Section 12a of the Theft Act 1968
Either way Offence
- on summary, if the value of the property damaged is less than £5000: 6 months imprisonment, or fine
- on indictment: 2 years imprisonment; up to 14 years imprisonment if the accident caused death.
Power of Entry
Definition
A person is guilty of aggravated vehicle taking if he:
a. commits an offence of TWOC under section 12(1) Theft Act 1968 in relation to a mechanically propelled vehicle and
b. AFTER the vehicle was unlawfully taken and BEFORE it was recovered, ANY of the aggravating circumstances occurred.
Mechanically Propelled Vehicles
A vehicle that is constructed so that it can be propelled mechanically.
This means propelled by: GOPEDS
Gas
Oil
Petrol
Electric
Diesel
Steam
Aggravating Circumstances
- The vehicle was driven dangerously on a road or other public place
- Owing to the driving of the vehicle, an accident occurred by which injury was caused to any person
- Owing to the driving of the vehicle, an accident occurred by which damage was caused to any property other than that vehicle
- Damage was caused to the vehicle
Differences between TWOC and Aggravated TWOC
For TWOC
- It is sufficient that the vehicle is a conveyance
For Aggravated TWOC
- The vehicle has to be a mechanically propelled vehicle
Road
- Any length of highway
- Any other road to which public has access, and includes bridges over which the road passes
- It always includes obvious public highways, footpaths and bridleways maintained by government agencies or local authorities.
Public Place
Any place which the public have open access is a public place, even if payment must be made to gain entry
DEFENCES
A person will NOT be guilty of Aggravated TWOC if he proves:
- The aggravating circumstances occurred BEFORE he committed the basic offence
- He was neither IN nor ON, nor IN THE IMMEDIATE vicinity of the vehicle when the aggravating circumstances occurred
Taking a Pedal Cycle: Section 12(5) of the Theft Act 1968
Summary offence: fine
No power of entry
Definition
It is an offence to take a pedal cycle without the consent of the owner or other lawful authority, OR knowing that it has been so taken, to ride it.
Interference with a motor vehicle or trailer: Section 9 of the Criminal Attempts Act 1981
A person interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention that an offence below shall be committed by himself or some other person.
- theft of the motor vehicle/trailer or part of it;
- Theft of anything carried in or on the motor vehicle or trailer (theft from)
- TWOC
This offence may be committed at an earlier stage than conduct amounting to an attempted theft.
It accommodates conduct falling short of an ‘attempt’ and acts of preparation, which do not meet the criteria of an attempted theft of the vehicle.
Note
TWOC becomes theft if the person damages the car beyond repair/recovery, e.g. burns it or throws it off a cliff => it becomes ‘permanently deprive’
