TWOC

Question 1

TWOC: Section 12(1) of the Theft Act 1968

Answer 1

Summary offence: six months imprisonment and/or fine

Question 2

Definition

Answer 2

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.

Question 3

When is ‘TWOC’ theft?

Answer 3

When DAPBIP is committed

Question 4

What is a conveyance?

Answer 4

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

Question 5

When is it aggravated ‘TWOK’?

Answer 5

Causes damage to property
Causes damage to vehicle
Causes injury to any person
Dangerous driving in public road/place

Question 6

Consent

Answer 6

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

Question 7

Lawful Authority

Answer 7

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

Question 8

Takes

Answer 8

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.

Question 9

For his own or another’s use

Answer 9

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.

Question 10

Drives it

Answer 10

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.

Question 11

Allow yourself to be carried

Answer 11

As a passenger

For driving and allowing yourself to be carried, you must prove that the conveyance was in motion

Question 12

DEFENCES

Answer 12

A person does NOT commit this offence, by doing anything in the belief that:

1. He had lawful authority to do it

OR

2. 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.

Question 13

Aggravated Vehicle Taking: Section 12a of the Theft Act 1968

Answer 13

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

Question 14

Definition

Answer 14

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.

Question 15

Mechanically Propelled Vehicles

Answer 15

A vehicle that is constructed so that it can be propelled mechanically.

This means propelled by: GOPEDS

Gas
Oil
Petrol
Electric
Diesel
Steam

Question 16

Aggravating Circumstances

Answer 16

1. The vehicle was driven dangerously on a road or other public place
2. Owing to the driving of the vehicle, an accident occurred by which injury was caused to any person
3. Owing to the driving of the vehicle, an accident occurred by which damage was caused to any property other than that vehicle
4. Damage was caused to the vehicle

Question 17

Differences between TWOC and Aggravated TWOC

Answer 17

For TWOC
- It is sufficient that the vehicle is a conveyance

For Aggravated TWOC
- The vehicle has to be a mechanically propelled vehicle

Question 18

Road

Answer 18

• 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.

Question 19

Public Place

Answer 19

Any place which the public have open access is a public place, even if payment must be made to gain entry

Question 20

DEFENCES

Answer 20

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

Question 21

Taking a Pedal Cycle: Section 12(5) of the Theft Act 1968

Answer 21

Summary offence: fine
No power of entry

Question 22

Definition

Answer 22

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.

Question 23

Interference with a motor vehicle or trailer: Section 9 of the Criminal Attempts Act 1981

Answer 23

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.

Question 24

Note

Answer 24

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’