Taking Without Consent
Taking a mechanically propelled vehicle without the owner’s consent or other lawful authority or driving, or allowing oneself to be carried in or on it, knowing it to have been taken without the owner’s consent and at any time after it had been unlawfully taken and before it was recovered:
- The vehicle was driving dangerously on a road or public place, owing to the driving of the vehicle an accident occurred by which (injury was caused to any person) (damage was caused to property other than the vehicle)
- Damage was caused to the vehicle
Section 12 (1) (TWOC) and Section 12A (1) (Aggravated TWOC) of the Theft Act 1968
Upon conviction taking without consent can carry a fine of up to level 5 and/or up to 6 months’ imprisonment. The magistrates have a discretion to disqualify a person convicted of such an offence but cannot endorse that person’s driving licence with penalty points. In the case of an aggravated TWOC the maximum penalty in the Magistrates’ Court is a fine of up to level 5 and/or 6 months’ imprisonment and in the Crown Court up to 2 years’ imprisonment and/or an unlimited fine.
For an aggravated vehicle taking the Court must disqualify for a minimum of 1 year and can impose between 3 and 11 penalty points on the offender’s driving licence. Please note that in cases of aggravated vehicle taking where a death has occurred the maximum penalty in the Crown Court is 14 years’ imprisonment.
Things to Know
The offence can be linked to a bicycle and in such circumstances the maximum penalty is a fine of up to level 3. This offence must be differentiated from that of an allegation of theft. This offence only applies if the person who took the conveyance did not intend to permanently deprive the original owner of it.
A simple allegation of taking without consent can only be dealt with in the Magistrates’ Court as opposed to an aggravated vehicle taking which can be dealt with in the Magistrates’ Court or the Crown Court. The magistrates will have to decide whether they think that the case is suitable for them to deal with otherwise they will decline jurisdiction and the matter will have to be dealt with in the Crown Court. If the magistrates accept jurisdiction to deal with the case then the Defendant can choose to take the Crown Court if he/she so wishes.
In a case of aggravated vehicle taking if the only aspect that makes the offence aggravated is the fact that damage has been caused and if that damage does not exceed £5,000.00 then the matter will be treated as if it can only be dealt with in the Magistrates’ Court.
The Court will consider the amount of damage, the manner of driving and the impact upon others before deciding whether the case could be dealt with in the Magistrates’ Court or the Crown Court and similarly such factors will have an impact upon the sentence that will be imposed upon conviction.
For more information or representation get in touch with Howards Solicitors using our Contact Form or Caling our office on 0161 872 9999.