Taking a Conveyance without Authority
Also known as twoccing or joyriding.
Adam Law Solicitors offer expert legal advice for anyone facing, or worried about facing, prosecution for twoccing or joyriding. We have a dedicated criminal defence team who have many years experience of all charges of criminal activity.
If you are concerned you may be facing charges for twoccing, or are already facing charges, it is essential you contact us as quickly as possible. Phone us now on 0114 256 0111, or email us or use the form on this page.
When does the offence of Taking a Conveyance without Authority occur?
Section 12 of the Theft Act 1968 is committed when a person takes a conveyance without the owner’s consent or other lawful authority for his own or another’s use, or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in it or on it.
How can it be proved that Taking a Conveyance without Authority has been commited?
In order to prove a section 12 offence, the required elements of the offence must be understood. These are:
There must be some element, but more than mere movement – the vehicle should be used as a conveyance.
- A Conveyance
This means a conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air. It does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it.
- Without the consent of the owner or other lawful authority
Section 12(7) of the 1968 Act provides that when a vehicle which has been taken is the subject of a hiring agreement or a hire purchase agreement, a person in the possession of the vehicle under such an agreement is deemed to be the owner for the purposes of section 12.
- For own or another’s use
The use or intended use as a means of transport must be proved. If it is not ‘used’ – e.g. simply pushing a car away from a drive entrance without any consent or authority to do so (obviously depending on the circumstances), then the offence is incomplete. If someone rides on a conveyance whilst it is being pushed, then there may be a taking. A dinghy moved on a trailer that is to be used as a dinghy at some future time, is still taken for the taker’s or another’s use.
- Knowing that such a conveyance has been taken without consent drives it or allows himself to be carried in it or on it.
Note that this requires knowledge that the vehicle has been taken and the accused has either driven the vehicle or been a passenger.
This article is based on public sector information licensed under the Open Government Licence v2.0. The original information can be found here; https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard