Join WhatsApp group

Taking a vehicle without consent (TWOC)

Theft, burglary and robbery — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Theft, burglary and robbery

Taking a vehicle without consent (TWOC)

Theft Act 1968, s.12

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months' custody

Actus reus

  • Take a conveyance (other than a pedal cycle) for one's own or another's use without the owner's consent or other lawful authority; or, knowing it has been taken without authority, drive it or allow oneself to be carried.

Mens rea

  • Knowledge that the conveyance was taken without consent/authority (for driving/being carried limb).
  • No intention to permanently deprive is required (that would be theft).

Defences

Owner consented / believed owner would consent · Lawful authority · Did not take/drive/allow to be carried · Thought vehicle was hired/borrowed with permission

Sentencing Council

Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: Band B fine to 26 weeks' custody; consider disqualification.

View definitive guideline ↗

At the police station

Distinguish from theft (permanent deprivation) and from aggravated vehicle taking (s.12A). Ask about damage, injury, or dangerous driving during the taking.

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.

More in Theft, burglary and robbery

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.