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Vehicle interference

s.9Criminal Attempts Act 1981

Interfering with a motor vehicle or trailer, or anything in or on one, intending that it or its contents be stolen or that the vehicle be taken without consent.

Vehicle interference · Criminal Attempts Act 1981, s.9Card 26 / 85

Points to prove

Interfered with
A motor vehicle or trailer, or anything carried in or on a motor vehicle or trailer
With the intention that an offence specified in s.9(2) would be committed by themselves or another
Specified offencesTheft of the vehicle or trailer or part of it; theft of anything carried in or on it; or taking a conveyance without consent (s.12(1) Theft Act 1968)

Key definitions

Motor vehicle – s.9(5) adopts s.185(1) Road Traffic Act 1988: a mechanically propelled vehicle intended or adapted for use on roads.
Trailer – s.185(1) Road Traffic Act 1988: a vehicle drawn by a motor vehicle.
Interferes – not defined in the Act. It is given its ordinary meaning.

Good to know

Under s.9(2), if it is shown the defendant intended one of the specified offences, it does not matter that it cannot be shown which one.
The mental element is intention. Simply touching or looking into vehicles is not enough without proof of the intended offence.
Taking without consent under s.12(1) is summary only, so it cannot be attempted under s.1 of the 1981 Act. Vehicle interference fills that gap.
Related: tampering with a motor vehicle on a road or local authority parking place, or getting on to it, without lawful authority or reasonable cause (s.25 Road Traffic Act 1988). No intent to steal is needed.
Section 9 sits in Part II of the 1981 Act, which abolished the old “sus” offence of being a suspected person.

Legislation: Criminal Attempts Act 1981, s.9 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 3 months' imprisonment and/or a fine up to level 4 (£2,500)