Taking a Vehicle without Consent (Section 12 Theft Act 1968)

Taking a conveyance without consent is an offence under s.12 Theft Act 1968. Subject to subsections (5) and (6), a person is 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 (s.12(1)). A person does not commit the offence 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 (s.12(6)). Pedal cycles are excluded from s.12(1); taking a pedal cycle without consent is a separate summary offence carrying a fine not exceeding level 3 on the standard scale (s.12(5)). Maximum sentence: on summary conviction, a fine not exceeding level 5 on the standard scale, imprisonment for a term not exceeding six months, or both (s.12(2)); s.12(2) provides for summary conviction only, though on the trial of an indictment for theft a jury not satisfied that the accused committed theft may find him guilty of the s.12(1) offence, liable as on summary conviction (s.12(4)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Note: aggravated TWOC (s.12A Theft Act 1968) is either-way. Police may charge without CPS authority for summary offences. 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).