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Aggravated vehicle-taking

s.12ATheft Act 1968

Committing a TWOC offence with a mechanically propelled vehicle where, before it is recovered, it is driven dangerously or causes injury or damage.

Aggravated vehicle-taking · Theft Act 1968, s.12ACard 14 / 85

Points to prove

Committed an offence under s.12(1) (the basic offence)
In relation to a mechanically propelled vehicle
At any time after it was unlawfully taken (by them 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 causing injury to any person or damage to any property other than the vehicle, or damage was caused to the vehicle

Basic offence – s.12(1): taking a conveyance without consent or lawful authority, or knowingly driving it or being carried in or on it.
Driven dangerously – s.12A(7): driven in a way that falls far below what would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving that way would be dangerous.
Recovered – s.12A(8): restored to its owner or to other lawful possession or custody.
Owner – same meaning as in s.12 (s.12A(8)): for a hired or hire-purchase vehicle, the person in possession under the agreement.

s.12A(3): the defendant must prove (on the balance of probabilities) either that the driving, accident or damage happened before they committed the basic offence, or that they were not in, on or in the immediate vicinity of the vehicle when it happened.

Every person who commits the basic offence is liable for the aggravating circumstance, whoever was driving. Passengers can be guilty.
The driving does not have to be at fault. An accident causing injury is enough even if the driver was not to blame (R v Marsh 1997).
Either-way threshold – where the only allegation is damage (to the vehicle or other property), the case is tried summarily if the value of the damage is £5,000 or less (Magistrates’ Courts Act 1980, s.22 and Sch 2).
Obligatory endorsement, 3 to 11 penalty points and obligatory disqualification (Road Traffic Offenders Act 1988, Sch 2).
If the aggravated offence is not proved, the defendant can be convicted of the basic offence (s.12A(5)).

Legislation: Theft Act 1968, s.12A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (summary only if the only allegation is damage of £5,000 or less)
Maximum penalty: 2 years' imprisonment, or 14 years if the accident caused death (on indictment); obligatory disqualification