The UK offence of Taking a Vehicle Without the Owner’s Consent (TWOC) was introduced in the Road Traffic Act 1930. The 1930 legislation marked a significant update to road traffic laws. The offence was later codified and slightly refined in subsequent acts, including the Theft Act 1968, where it is formally referred to as “taking without consent (TWoC)”
The offence was created to address the growing issue of unauthorized vehicle use in the early 20th century as motor vehicles became more prevalent. The law sought to differentiate between theft (which requires an intent to permanently deprive) and unauthorized use, where individuals may take a vehicle without intending to keep it.
This distinction was particularly important for situations where a person might ‘borrow’ a vehicle temporarily, such as joyriding, without the owner’s consent. Without this offence, it was harder to prosecute such cases under theft laws as it would be argued ownership of the abandoned vehicle, displaying a unique identity (primarily the registration mark) would easily be ascertained and the car returned to its rightful owner … there was no intention to ‘permanently deprive’ a necessary of the ‘theft’ offence.
The creation of TWoC filled this legal gap, ensuring that unauthorized vehicle use could be penalized even if the intent was not outright theft.
In1930, if the car was recovered within 48 hours then it was not considered theft, but unauthorised taking. The length of recovery time was increased to 30 days in 1960. However, if a vehicle is recovered within this time and it appears that the thief has ‘assumed the right of the owner’ then this would be recorded as a theft. [27/65]
This was reinforced in section 12 of the UK’s Theft Act 1968, also known as “Taking Without Consent” (TWOC), was introduced as a specific offence to address the challenges of prosecuting unauthorized vehicle use such as ‘joy-riding’ conduct. It was considered necessary for several reasons:
- Difficulty in Proving Theft: Traditional theft charges require proving “intention to permanently deprive” the owner of their property. However, in many unauthorized vehicle cases, the individual does not intend to keep or destroy the vehicle but simply uses it temporarily. Section 12 bypasses the need to prove permanent deprivation, focusing instead on the unauthorized use.
- Increased Incidence of Joyriding: The late 20th century saw a rise in joyriding (taking vehicles without permission for temporary use, often for thrill-seeking). Existing laws were not well-suited to prosecute such offenses effectively, especially when young people took cars for ‘temporary enjoyment’.
- Deterrent for Vehicle-Related Crimes: Unauthorized vehicle use often led to other criminal behaviour, including reckless driving, accidents, and subsequent abandonment of vehicles. Section 12 provided a clearer legal avenue to hold individuals accountable for these associated risks.
- Public Safety and Property Protection: By criminalizing temporary, unauthorized vehicle use, Section 12 aimed to curb behaviours that endangered the public, particularly as stolen vehicles were often driven dangerously or used in the commission of further crimes.
Section 12 thus helped bridge a gap between theft and lawful use, providing law enforcement with a practical tool to combat unauthorized vehicle use and its associated dangers.
Section 12 of the Theft Act 1968 came into force on January 1, 1969, as part of the UK’s effort to address vehicle-related offenses and unauthorized use of property.
The penalties for a Section 12 offence, “Taking Without Consent” (TWOC), vary depending on the specific circumstances and the severity of the offence:
- Summary Offense (Magistrates’ Court): If tried summarily (in a Magistrates’ Court), the offense can lead to:
- Up to 6 months in prison
- A fine (up to a statutory maximum, which may vary over time)
- Disqualification from driving
- Endorsement of points on a driving license
- Indictable Offense (Crown Court): If the offense is more serious (for example, involving dangerous driving or causing injury), it can be escalated to a Crown Court, where the penalties can increase to:
- Up to 2 years in prison
- Unlimited fines (at the court’s discretion)
- Disqualification from driving
- Aggravated Vehicle-Taking: Under Section 12A, an aggravated version of this offense exists if the vehicle is involved in further dangerous actions, such as:
- Injury or death of another person
- Damage to the vehicle or property
- Dangerous driving The penalties for aggravated vehicle-taking are significantly more severe, with up to 14 years in prison in the most serious cases involving fatalities.
Section 12 provides a structured approach to penalizing unauthorized vehicle use while allowing for harsher punishment in cases where public safety is at greater risk.
