Aggravated Vehicle-Taking (Section 12A Theft Act 1968)

Theft Act 1968, s.12A

Either way
2 years' custody (14 years' custody where the accident caused death)

Definition

Subject to subsection (3) below, a person is guilty of aggravated taking of a vehicle if (a) he commits an offence under section 12(1) above (in this section referred to as a "basic offence") in relation to a mechanically propelled vehicle; and (b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs (a) to (d) of subsection (2) below. (Theft Act 1968, s.12A(1)) The circumstances referred to in subsection (1)(b) above are (a) that the vehicle was driven dangerously on a road or other public place; (b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person; (c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle; (d) that damage was caused to the vehicle. (Theft Act 1968, s.12A(2)) Subject to subsections (5) and (6) below, 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. (Theft Act 1968, s.12(1))

Points to prove

A person
commits an offence under s.12(1) (the basic offence)
in relation to a mechanically propelled vehicle
and at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered
the vehicle was driven, or injury or damage was caused, in one or more of these circumstances
the vehicle was driven dangerously on a road or other public place
or, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person
or, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property other than the vehicle
or damage was caused to the vehicle

Aggravated vehicle-taking is an offence under s.12A Theft Act 1968. A person is guilty of aggravated taking of a vehicle if he commits the basic offence under s.12(1) (taking a conveyance without the consent of the owner or other lawful authority, or driving or being carried in or on it knowing it to have been so taken) in relation to a mechanically propelled vehicle, and it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven dangerously on a road or other public place, or, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person or damage was caused to any property other than the vehicle, or damage was caused to the vehicle (s.12A(1) and (2)). A person is not guilty if he proves that the driving, accident or damage occurred before he committed the basic offence, or that he was neither in nor on nor in the immediate vicinity of the vehicle when it occurred (s.12A(3)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding two years or, if it is proved that an accident within s.12A(2)(b) caused the death of the person concerned, fourteen years (s.12A(4)). Section 12A(4) states only the penalty on conviction on indictment. A magistrates' court does not have power to impose imprisonment for a term exceeding 12 months in respect of any one offence triable either way (Sentencing Act 2020, s.224(1) and (1A)(b)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: 2 years' custody (14 years' custody where the accident caused death)
Act and section: Theft Act 1968, s.12A
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence, and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); if an offence has been committed, he may arrest without a warrant anyone who is guilty of the offence or whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: A constable may search any person or vehicle, and anything which is in or on a vehicle, for stolen or prohibited articles, and may detain a person or vehicle for the purpose of such a search (s.1(2)), in any place to which the public has access or any other place to which people have ready access but which is not a dwelling (s.1(1)), but not unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles (s.1(3)); a prohibited article includes an article made or adapted for use in the course of or in connection with an offence under section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority), or intended by the person having it with him for such use (s.1(7) and (8)(c)) (Police and Criminal Evidence Act 1984, s.1). A constable may search an arrested person, where the person has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)), and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence (s.18(1)), with the written authority of an officer of the rank of inspector or above (s.18(4)) unless the presence of the person at a place other than a police station is necessary for the effective investigation of the offence (s.18(5) and (5A)) (Police and Criminal Evidence Act 1984, s.18).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, counted from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). The offence is an indictable offence, meaning one which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise detention for a period expiring at or before 36 hours after the relevant time where detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning, the offence is an indictable offence and the investigation is being conducted diligently and expeditiously (s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1), (4) and (12)) and may extend it, no extension being longer than 36 hours or ending later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/1968/60/section/12A