Unlawful taking of a Motor Vehicle/Pedal Cycle & Going Equipped

Question 1

What does Section 12 of the Theft Act 1968 relate to?

Answer 1

Taking a Conveyance

Question 2

Define Taking a Conveyance – Section 12 of the Theft Act 1968

Answer 2

A person is guilty of an offence if without the consent of the owner or other 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 or on it

Question 3

What is a conveyance?

Answer 3

A conveyance is any is any conveyance constructed or adapted to carry persons by land, air or water. Section 12 of the Theft Act states that a pedal cycle is not a conveyance for the purpose of this act.

Question 4

Define aggravated vehicle taking

Answer 4

If after the vehicle has been unlawfully taken (by anyone) and before it is recovered, the driving of it resulted in:

• Dangerous driving on a road or public place.
• Injury to any person resulting from the vehicle being driven.
• Damage to any property.
• The vehicle itself being damaged (not necessarily through being driven).

Damage to the vehicle does not include damage caused by breaking into it in order to commit the basic offence. This is because damage caused at this point will be caused before the vehicle has been “taken” and so at this stage, the basic offence will not have been carried out.

Question 5

What does Section 9 of the Criminal Attempts Act 1981 relate to?

Answer 5

Interfering with a motor vehicle

Question 6

Define Interfering with a motor vehicle - Section 9 of the Criminal Attempts Act 1981

Answer 6

A person is guilty of an offence if he interferes with a motor vehicle, or trailer, or with anything carried in or upon a motor vehicle or trailer with the intention that he (or anyone else) should:
A. Steal the motor vehicle or trailer or any part of either.
B. Steal anything carried in the motor vehicle or trailer.
C. Take the conveyance without authority.

Question 7

Section 12 (5) of the Theft Act 1968, a person commits an offence if they…

Answer 7

Take a pedal cycle without the consent of the owner or other lawful authority for his own or another’s use or rides a pedal cycle knowing it has been taken, without such authority

Question 8

What does Section 25 of the Theft Act 1968 relate to?

Answer 8

Going Equipped to Steal

Question 9

Define Section 25(1) Theft Act 1968 - going equipped

Answer 9

A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of, or in connection with, any burglary or theft