Theft, burglary and robbery
Vehicle interference
Criminal Attempts Act 1981, s.9
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- See Sentencing Council guideline for the statutory maximum
Actus reus
- Interfere with a motor vehicle or trailer, or with anything carried in or on it, with the intention that theft of the vehicle/trailer/part/contents or TWOC (Theft Act 1968, s.12(1)) shall be committed by the accused or another (Criminal Attempts Act 1981, s.9(1)–(2)).
- If that intention is proved, it is immaterial that it cannot be shown which of those offences was intended (s.9(2)).
Mens rea
- Intention that theft or TWOC will be committed.
Defences
No interference · No intent that theft or TWOC would be committed (e.g. prank, looking, leaning) · Not a motor vehicle or trailer
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - 12 weeks' custody.
At the police station
Summary; short maximum. Often a holding charge while CCTV is reviewed for TWOC or going equipped. Do not treat “near a car park” as the offence.
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:Criminal Attempts Act 1981, s.9 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗