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Taking a conveyance without consent (TWOC)

s.12Theft Act 1968

Taking a conveyance for your own or another's use without the owner's consent or other lawful authority, or knowingly driving or riding in one that has been taken.

Taking a conveyance without consent (TWOC) · Theft Act 1968, s.12Card 13 / 85

Points to prove

TakingWithout the consent of the owner or other lawful authority
TakingTook a conveyance
TakingFor their own or another's use
Driving or being carriedKnowing that a conveyance had been taken without such authority
Driving or being carriedDrove it or allowed themselves to be carried in or on it

Key definitions

Conveyance – s.12(7)(a): any conveyance constructed or adapted for carrying a person or persons by land, water or air. It does not include one built or adapted for use only under the control of a person not carried in or on it.
Owner – s.12(7)(b): for a vehicle on hire or hire-purchase, the person in possession under that agreement.
Takes – the conveyance must be moved, however slightly. Getting in and trying to start it is not enough (R v Bogacki 1973).
For own or another’s use – using it as a means of transport. A person already in lawful possession can commit the offence by using it in a way clearly outside their permission (McKnight v Davies 1974).

Defences

Belief in authority or consent – s.12(6): no offence if the person believed they had lawful authority, or that the owner would consent if they knew of it and the circumstances. The belief does not have to be reasonable.

Good to know

Pedal cycles are excluded from s.12(1). Taking or riding a pedal cycle without authority is a separate summary offence under s.12(5) (level 3 fine).
Time limit for mechanically propelled vehicles – s.12(4A): proceedings within 6 months of the prosecutor having sufficient evidence, but no later than 3 years from the offence.
A jury can convict of TWOC on an indictment for theft (s.12(4)).
There is no intention to permanently deprive. If there is, consider theft.
If the vehicle is driven dangerously, or there is an accident or damage, consider aggravated vehicle-taking (s.12A).

Legislation: Theft Act 1968, s.12 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine; discretionary disqualification (motor vehicles)