TWOC

Question 1

TWOC

Answer 1

Taking without consent (force wide)

Question 2

TDA

Answer 2

Taking and driving away (London)

Question 3

Section 12 Theft Act 1968

Answer 3

A person shall be guilty of an offence if, without having 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.

A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

Question 4

Difference to ‘theft’

Answer 4

• the element to perminantly deprive does not need to be proved
• if it has been stolen, it would need to proved by elements such as, respraying the car, changing reg plates, removal of the engine etc.

Question 5

Conveyance

Answer 5

• this means that to be a ‘conveyance’, the vehicle must have been designed to carry a driver or passenger

Question 6

Lawful authority

Answer 6

• ‘lawful authority’ covers police officers, vehicle removal officers or bailiffs repossessing cars
• also covers situations such as if an individual made an instinctive decision to make use of a nearby motorboat to rescue a drowning child. This is because they could justifiably claim the defence that they would have the owner’s consent if the owner knew of these circumstances

Question 7

Takes any conveyance for himself or another’s use

Answer 7

• The conveyance must be taken for that person or another person’s use. For example, if you went down to the canal and untied all the narrowboats and set them adrift you would not have committed this offence as you wouldn’t have ‘taken’ the boats

On the other hand, if you took a moped without the owner’s consent and gave it to your friend to use, you would have committed this offence

Question 8

Allowing himself to be carried

Answer 8

• allowing himself to be carried’ could be if a local criminal took a car for himself then picked up three of his friends to go joyriding. The three passengers would be committing this offence
• you would need to prove that the passengers knew the car had been taken without consent and in practice

Question 9

Aggravated Vehicle Taking Act 1992 (amended the Theft act 1968)

Answer 9

• created the specific offence of aggravated vehicle taking
• the basic offence (TWOC/TDA) must be committed
• at any time the vehicle was unlawfully taken and before it was recovered the vehicle was driven, or injury or damage was caused

Question 10

Additional circumstances to aggravated vehicle taking

Answer 10

• Dangerous driving (excessive speed or prolonged bad driving, disregarded safety of others)
• Injury (injury to any person that has resulted from the way in which the vehicle was driven)
• Accident (accident occurring which cause damage to another vehicle, building or any property)
• Damage (any damage caused to the specific vehicle that was taken)