Taking Vehicle
A person is guilty of an offence if, without lawful authority, he takes a vehicle for their own use, drives or accompanies a person in the vehicle, knowing it has been taken without such authority.
The term “owner” includes the person in possession under hire purchase or leasing arrangements. The offence applies to any vehicle or so-called conveyance designed for the carriage of persons by land, whether the vehicle is constructed or adapted for use under the control of a person or not. It also covers a motor vehicle capable of carrying a person. It does not include an animal not constructed or adapted as a conveyance.
The offence does not require an intention to permanently deprive the owner of the vehicle and is aimed at joyriding and unauthorized taking.
If the terms of an owner’s consent are exceeded in a minor way, the offence is not constituted. However, if the vehicle is used for a wholly different purpose, and this is likely to negate the apparent consent, an offence is committed.
Where a person allows themselves to carry the vehicle, it must be shown that they knew the vehicle was taken without the consent of the owner or lawful authority. If they find out subsequently, they are expected to make some effort to leave.
It is a defence if the person acts in the belief that they have lawful authority to do so, or if they had the owner’s consent or knew the circumstances of it.
Juveniles may be convicted of this offence. If they are acquitted of theft, the offences are subject to conviction on summary conviction with imprisonment of up to 6 months and a fine not exceeding level 5, with discretionary disqualification applying.
There is an aggravated version of the offence. In addition to the principal offence, if the vehicle is driven dangerously on a public road, or an accident occurs that causes injury to any person or property, it becomes an aggravated offence.
A vehicle is driven dangerously if it falls below the standard expected of a competent and careful driver, and it would be obvious to such a driver that driving the vehicle in that way would be dangerous.
A person is not guilty of the offence for damage or injury arising from a driving accident or damage before they committed the offence of taking without consent and were not in the immediate vicinity of the vehicle when the accident or damage occurred.
The offence can be charged summarily with a maximum sentence of up to 6 months imprisonment and the maximum fine, or charged on indictment with imprisonment of up to 2 years. If a person dies as a result of the accident involving the offence, 14 years imprisonment may be imposed on indictment.
A person is guilty of an offence if, without the consent of an owner or other lawful authority, he takes a vehicle for his own use or that of another, ,knowing that it has been taken without such authority, or drive it or allows himself to be carried in it.
The term “owner” includes the person in possession under a hire purchase or leasing arrangement. The offence applies to any vehicle or so-called “conveyance” adapted for the carriage of persons, whether by land water or air. It does not include a vehicle constructed or adapted for use under the control of a person not carried in or on it. It includes anything capable of carrying a person. It does not include an animal as it is not constructed or adapted as a conveyance.
The offence does not require an intention to permanently deprive the owner of the vehicle. It is aimed at so-called joyriding and unauthorized taking.
If the terms of an owner’s consent are exceeded in a more minor way, the offence is not constituted. However, if the vehicle is used for a wholly different purpose, the apparent consent is negated, and the offence is committed.
Where a person allows himself to be carried in a vehicle, it must be shown that he knew the vehicle was taken without the consent of the owner or other lawful authority. If they find our subsequently, there is an expectation that some attempt should be made to leave.
It is a defence if the person acts in the belief that he has lawful authority to do so or would have had the owner’s consent if the owner knew of its doing and the circumstances of it.
A person may be convicted of this offence if he is acquitted of theft.
The offence is subject to conviction on summary conviction and imprisonment of up to 6 months, or a fine not exceeding level 5. Discretionary disqualification may apply.
There is an aggravated version of the offence. Where in addition to the principal offence, the vehicle was driven dangerously on a public road or an accident takes place causing injury to any person or property, it is considered aggravated.
Driving is considered dangerous if it falls below the standard expected of a competent and careful driver, and it would be obvious to a careful driver that driving in that way would be dangerous.
A person is not guilty of the offence in cases where any driving injury or damage occurred before he committed the offence of taking without consent, or when he is not in the immediate vicinity of the vehicle when the driving, accident or damage occurred.
The offence can be charged summarily, with up to 6 months imprisonment and the maximum fine, or on indictment, with imprisonment of up to 2 years. If a person dies as a result of the accident involving the offence, 14 years imprisonment may be imposed on indictment.
It is an offence to take without the authority of the owner or other lawful authority, a pedal cycle for one’s own use or ride a pedal cycle, knowing it to have been taken without such authority. A pedal cycle is not propelled by mechanical or electrical assistance.
It is an offence subject to summary conviction, with imprisonment of up to 6 months and a fine up to level 3 on the standard scale.