TWOC Flashcards
What is the definition of TWOC?
A person shall be guilty of an offence if:
Without having the consent of the owner or
other lawful authority, they take any
conveyance for their own or another’s use, or
knowing that any conveyance has been taken
without such authority, drives it or allows
themselves to be carried in or on it
What two offences is TWOC broken down into?
Offence 1 – The ‘Taker’
Offence 2 – Allowing Self To
Be Carried
If someone starts the engine of a car but it doesn’t move, does it count as TWOC?
No, as long as the vehicle does not move
What legislation is TWOC covered under?
Section 12 Theft Act 1968
What legislation is aggravated TWOC covered under?
Section 12A Theft Act 1968
What makes TWOC an aggravated TWOC?
From the time of the MPV being being TWOC’ed and the time of the MPV being recovered:
- The MPV was driven dangerously on a road or public place
- Injury accident due to driving
- Accident resulting in damage to property due to driving
- Damage to the MPV that was taken
Does an animal come under the definition of ‘conveyance’ for TWOC?
No, as they have not been constructed or adapted for the purpose of carrying a person
Does the conveyance need to have an engine?
No
Is it relevant how far the conveyance moved?
No, all that matters is that a movement, however small, took place AND it was moved for the purpose of being used as a conveyance. Examples include:
- Releasing the handbrake to cause it to
roll downhill
– Using the engine
– Pushing the conveyance
Under TWOC, what is a ‘conveyance’?
A conveyance includes anything either:
- Constructed, or;
- Adapted
To carry a person on land, air or water
Scenario: John borrows Dave’s car on the premise that he will use it to pick up some paint from B&Q, for which Dave gives consent. John then uses Dave’s car to go the the football game instead of what he was given consent for.
Q: Has John committed TWOC?
Yes as it was a misrepresentation as to the purpose of the journey which results in an offence.
Scenario: John borrows Dave’s car to go and buy some screen wash from Halfords, to which Dave gives his consent. John goes to Halfords and grabs what he needs but once he was done this he decides to use Dave’s car to go see his mates in the pub.
Q: Has John committed TWOC?
Yes, as Dave did not give consent for John to go to the pub, just to go to Halfords as this is misrepresentation of the purpose of the journey
