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Taking a pedal cycle without consent

s.12(5)Theft Act 1968

Taking a pedal cycle for your own or another's use without the owner's consent or other lawful authority, or riding one knowing it has been taken that way.

Taking a pedal cycle without consent · Theft Act 1968, s.12(5)Card 25 / 195

Points to prove

TakingWithout the consent of the owner or other lawful authority
TakingTook a pedal cycle
TakingFor their own or another's use
RidingRode a pedal cycle
RidingKnowing it had been taken without the owner's consent or other lawful authority

Key definitions

Takes – the cycle must be moved. Taking it must be for use as a means of transport, rather than, say, moving it out of the way.
For his own or another’s use – the taker need not ride it personally; taking it so a friend can ride it is enough.
Owner – s.12(7)(b): where the cycle is on hire or hire-purchase, the owner is the person in possession under that agreement.
Pedal cycle – not defined in the Act. Section 12(1) (taking a conveyance) expressly does not apply to pedal cycles, which is why this separate offence exists.

Defences

Belief in lawful authority or consent – s.12(6): no offence if the person believed they had lawful authority, or that the owner would have consented if they had known of the taking and the circumstances.
The section requires only that the belief was actually held. It does not say the belief must be reasonable, though how reasonable it was will bear on whether it was genuine.

Good to know

There is no offence of allowing oneself to be carried on a pedal cycle taken without consent; s.12(5) covers taking and riding only.
If there is an intention to permanently deprive the owner, charge theft (s.1) instead.
Not endorsable, so no penalty points or disqualification.
The extended time limit in s.12(4A) applies only to mechanically propelled vehicles, so the normal six-month limit applies here.

Legislation: Theft Act 1968, s.12(5) (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Taking a pedal cycle without consent: questions people ask

What are the points to prove for taking a pedal cycle without consent?

1. Without the consent of the owner or other lawful authority 2. Took a pedal cycle 3. For their own or another's use 4. Rode a pedal cycle 5. Knowing it had been taken without the owner's consent or other lawful authority

What is the maximum sentence for taking a pedal cycle without consent?

Fine of up to £1,000 (level 3)

Is taking a pedal cycle without consent a summary, either-way or indictable offence?

Taking a pedal cycle without consent is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is taking a pedal cycle without consent?

Taking a pedal cycle without consent is an offence under the Theft Act 1968, s.12(5).

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