Road traffic
Aggravated vehicle taking — injury caused
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
- Commit taking a conveyance without consent (Theft Act 1968, s.12(1)), and it is proved that after the taking and before recovery the vehicle was driven, or injury or damage caused, in a s.12A(2) circumstance.
- This limb is s.12A(2)(b): owing to the driving of the vehicle, an accident occurred by which injury was caused to any person.
Mens rea
- Mens rea for the basic s.12 taking. The injury limb is an aggravating circumstance after the taking — it does not require a separate intent to injure.
Defences
No basic TWOC · Statutory defence (s.12A(3)): the driving, accident or damage occurred before the accused committed the basic offence, or the accused was neither in nor on nor in the immediate vicinity of the vehicle when it occurred · Deny being the taker / driver / present
Sentencing Council
Sentencing Council guideline effective 01 April 2025. Offence range: community order – 2 years’ custody.
At the police station
Identify the charged s.12A limb. Ask who was in the vehicle when the accident happened. The s.12A(3) vicinity defence is often the live point for passengers.
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)(b) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗
- CPS:CPS — Theft Act offences ↗