Road traffic
Aggravated vehicle taking — dangerous driving
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody — see the Sentencing Council guideline for obligatory disqualification.
Actus reus
- Basic TWOC (s.12(1)), plus after the taking and before recovery the vehicle was driven dangerously on a road or other public place (s.12A(2)(a)).
- Driven dangerously means driven in a way which falls far below what would be expected of a competent and careful driver, and it would be obvious to such a driver that driving in that way would be dangerous (s.12A(7)).
Mens rea
- Mens rea for the basic taking. Dangerousness is judged by the s.12A(7) standard, not by a separate intent to drive dangerously.
Defences
No basic TWOC · Driving was not dangerous on the s.12A(7) test · s.12A(3) defence (before the taking, or not in/on/near the vehicle)
Sentencing Council
Sentencing Council guideline effective 01 April 2025. Offence range: community order – 2 years’ custody.
At the police station
Distinguish this from standalone dangerous driving (RTA 1988, s.2). Dashcam/ANPR and who was driving matter more than a general “joyride” narrative.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Theft Act 1968, s.12A(2)(a) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗
- CPS:CPS — Theft Act offences ↗