Home Office Counting Rules for Recorded Crime

With effect from April 2022 – Home Office Counting Rules 2022/3

Contents

48 Theft or Unauthorised Taking of a Motor Vehicle (1 of 3)

48/1 Theft of a motor vehicle.

(V) Theft Act 1968 Sec 1(pt).

130/1 Unauthorised taking of a motor vehicle
(V) (does not include ‘driving or being carried knowing motor vehicle has been taken …’). Theft Act 1968 Sec 12 (pt) as amended by Criminal Justice Act 1998 Sec 37.

Definition – Legal: Motor Vehicle

A “motor vehicle” is a mechanically propelled vehicle made, intended or adapted for use on roads.

It should also satisfy the test as to whether or not a reasonable person would say that one of the vehicle’s uses would be some general use on the road.

Definition – Legal: taking motor vehicle or other conveyance without authority

Theft Act 1968 Sec 12(1)

“… a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any motor vehicle has been taken without such authority, drives it or allows himself to be carried in or on it.”

NB: Only the unauthorised taking of a motor vehicle is notifiable. Driving or being carried is not notifiable.

Definition – Legal: Theft

Theft Act 1968 Sec 1(1)

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”.

The terms in this basic definition are amplified in Sections 2-6 of the Theft Act.

48 Theft or Unauthorised Taking of a Motor Vehicle (2 of 3)

General Rule: One crime for each vehicle owner.

Example 1: A vehicle is reported stolen and is later found abandoned. One crime (class 48).

Example 2: Three taxis belonging to the same company are reported stolen by a group acting together. One crime (class 48).

Example 3: An offender admits that while intending to steal one vehicle he attempted to steal five other vehicles on the same night, before finally stealing one. All vehicles separately owned, and there is corroborating evidence for the attempts. Six crimes (class 48).

Entry into a building to steal a vehicle should be classified as burglary.

Example 1: A house is burgled and a car stolen from the garage in the garden. One crime of burglary- residential (class 28E).

Company car used by householder should be treated as property of householder.

Example 1: An offender caught stealing a motor vehicle has heroin in his possession.

One crime of theft of a vehicle (class 48) and one crime of possession (class 92D).

If the circumstances of the taking of the vehicle amount to a robbery then the crime should be classified as a robbery.

Example 1: The victim is forced out of his car at knife point. The offender then drives off and abandons the vehicle two streets away. One crime of robbery (class 34).

Defaulted Payments on a Vehicle

Example:

  1. A person who lives in force A visits a car sales showroom in force B and buys/rents/leases a vehicle on a credit/finance agreement.
  2. The finance company is based in force C.
  3. The person then defaults on the finance payments.
  4. The finance company attempts to enforce the payments and/or recover/repossess the vehicle by civil means but is unsuccessful.
  5. The finance company reports this to NaVCIS who carry out further enquiries and then refer the matter to Force A as the last known address of the suspect. (Added April 2018)

Force A to record

48 Theft or Unauthorised Taking of a Motor Vehicle (3 of 3)

How to Classify: see also General Rules Section B.

Unless there is evidence to the contrary, any evidence of intent to drive the vehicle away (e.g. hot-wiring) should be assumed on balance of probabilities to be an intended unauthorised taking (or TWOC) and should therefore be recorded as vehicle interference – see flowchart on class 126 – Classification (2 of 2).

Finished Incident: see also General Rules Section E.

If a vehicle is stolen or taken without consent, then any further offences to the vehicle by the same offender (or group of offenders) should be considered a continuation of the same incident.

Example 1: A vehicle is stolen and later found abandoned and deliberately burnt out (in the same police force area as the theft).

  • (i) The vehicle theft reported before the vehicle is found. One crime of theft (class 48).
  • (ii) The theft not reported before the vehicle is found. One crime of theft (class 48) (Whilst this is not the principal crime over arson, in these  circumstances class 48 should be recorded)
  • (iii) As (i) or (ii) but there is evidence that the arson was committed by someone unconnected with the theft. One crime of theft or unauthorised taking (class 48) and one crime of arson (class 56).

Example 2: A stolen vehicle is spotted but before the police arrive the vehicle disappears again.

  • (i) Second theft known to be unconnected to the first. Two crimes (class 48).
  • (ii) No such evidence exists. One crime (class 48).

Crimes in More Than One Force: see also General Rules Section G. -page 25 ‘location of crimes’

Example 1: A vehicle is stolen in one police force area and later found burnt out in another police force area.

One crime of theft or unauthorised taking (class 48) recorded by the force covering theft location.

Example 2: A vehicle is taken without authority in one police force area and discovered being driven in another police force area.

One crime of theft or unauthorised taking (class 48) recorded by the force covering theft Location

37/2 Aggravated Vehicle Taking (1 of 1)

37/2 Aggravated vehicle taking.

(V) Theft Act 1968 Sec 12A(pt).

131/3 Aggravated vehicle-taking (driving (V) /being carried) offences causing damage to vehicle and/or other property under £5000. Theft Act 1968 Sec 12A

Classification: Aggravated Vehicle Taking (AVT)

A crime of theft or unauthorised taking of a vehicle should be recorded as AVT if, at the time of recording, one or more of the four circumstances that determine AVT under the Theft Act 1968 Sec 12A is known to have applied. The four circumstances are:

  • The vehicle was driven dangerously on a road or other public place, or
  • That owing to the driving of the vehicle, an accident occurred causing injury to any person, or
  • That owing to the driving of the vehicle, an accident occurred by which damage was caused to any

property other than the vehicle, or

  • Damage was caused to the vehicle.

If death results from the second circumstance and the link is known at the time of recording, then a crime of causing death by AVT (class 37/1) should be recorded.

General Rule: One crime for each vehicle owner.

Example 1: Two young men seen taking a car (confirmed by the victim) and driving dangerously until they crash the car and flee the scene. One crime of aggravated vehicle taking (class 37/2).

Application of the Rule

Vehicles under common ownership should be counted as one crime if stolen by the same group of offenders for AVT.

Example 1: Two mini-cabs belonging to the same company are stolen by a group of offenders and used for AVT. One crime (class 37/2)

FRAUD

Source: Home Office Counting Rules For Recorded Crime – With effect from April 2023

  • page 18

NFIB1C Counterfeit Cashiers Cheques

Counting Rules (1 of 1)

Example: Alison is selling her car. Joe contacts her, views the car and a price is agreed. He then hands her a cheque which is made out for £500 more than agreed price. He tells her to pay it into her account and he will come round tomorrow to collect the car and £500 in cash. Alison declines and says that it is cash in hand or nothing. One crime (class NFIB1C), Alison is an intended victim

  • NOTE: further examples of this type of criminal activity are displayed for varying types of property, i.e. a boat, a horse.  The property could just as easily be a vehicle.
  • Page 28:

NFIB1H Other Advance Fee Frauds

Counting Rules (1 of 1)

Example: Mr ‘A’ has advertised his car for sale in a local newspaper. He is telephoned at home by someone saying that they have a buyer for his car. If he pays them £100 he will put them in touch with him. Mr ‘A’ transfers £100 to an account that was provided but hears nothing further. The person who made contact never had any details of any buyer for the car. One crime (class NFIB1H

  • page 53

NFIB3D Other Retail and Consumer Fraud

Counting Rules (1 of 1)

Example: Mrs ‘A’ purchases a car she sees for sale on a street corner after a test drive. She is promised that the paperwork will follow. When she does not receive any documents, she contacts the police who inform her that she has purchased a stolen vehicle. One crime (class NFIB3D)

  • Page 74

NFIB5B Application Fraud (excluding Mortgages)

Counting Rules (2 of 2)

Application of the Rule

Where a deposit is paid using a stolen cheque or plastic card then count an additional crime under class NFIB5A.

Example: A person obtains finance on a new car using false details. A deposit is paid on the vehicle using a stolen credit card. One crime (class NFIB5B) and one crime (class NFIB5A)

  • Page 82

NFIB6A Insurance Related Fraud

Counting Rules (1 of 1)

Example: A motorist with only third party car insurance, crashes his vehicle. Realising that he is liable for the damage caused, he reports to police that the car has been stolen and leaves the scene of the accident. He later claims on the insurance. Following investigation he admits that the car was not stolen and he had crashed it. One crime (class NFIB6A).

The original recorded theft of motor vehicle can be no crimed under General rules section C.

Example: A father, realising that his 17year old son will not obtain car insurance, takes out a policy of insurance by falsely stating that he owns his son’s vehicle and is the main driver of the vehicle with his son as a named driver. One crime (class NFIB6A)

  • Page 84

NFIB6B Insurance Broker Fraud

Counting Rules (1 of 1)

Example: Mrs ‘A’ attends a brokers office and obtains insurance for her vehicle which she pays for in cash. Three weeks later following a car accident she claims on her car insurance and discovers that she does not have insurance the premium was never paid by the broker. One crime (class NFIB6B).

  • Page 184

NFIB90 Other Fraud (Not covered elsewhere)

Counting Rules (1 of 1)

Parking, congestion charging etc.

Where members of the public report to police that they believe that they are in dispute over a parking ticket or congestion charge because they believe their number plate has been copied, they should be referred to the issuing Authority. Where the issuing authority contact police and provide information to show that another vehicle has been displaying a false or copied number plate a crime should be recorded under this class.

Example:

  1. Mrs ‘A’ reports to police that she has received a parking ticket for parking in London and she lives in Devon and has never been to London.
  2. Mrs ‘A’ should be referred to the London Authority, no crime is necessary.
  3. Mrs ‘A’ contacts the London Authority concerned.
  4. Following enquiries the Local Authority report that they believe a car issued with this ticket was displaying a false number plate. One crime (class NFIB90).
  • Where cars are displaying stolen, false or borrowed permits, blue badges, etc a crime should be recorded under class 814, Mishandling or faking parking documents.

Example: Mr ‘A’ loans his son his residents permit so that he can park his car in a resident’s bay whilst visiting. One crime (class 814)