Theft, burglary and robbery
Taking a vehicle without consent (TWOC)
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.
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.
- Statute:Theft Act 1968, s.12 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗