An example of the confusion that can give rise to misunderstandings and affect perception of vehicle crime in the UK.
THEFT – typically, the owner leaves their vehicle parked, locked secure and unattended returning later to find it has gone. The vehicle has been taken without their consent (s12 Theft Act 1968). The difference between ‘taken’ & ‘stolen’ can be read here.
FRAUD – typically, the owner is tricked into parting with their vehicle. They willingly give up possession of the vehicle, usually believing they have received payment for it. Examples being the vehicle was
- paid for using a credit card that it later transpires was stolen
- obtained on finance by a rogue impersonating another – an example and how this has a bearing on claims to the vehicle can be read here – Shogun Finance Ltd v Hudson [2003]
Stolen by Fraud
There is no such offence. The vehicle was either taken (a Theft Act offence) or obtained by deception (since 2006, a Fraud Act offence)
- ‘When they were stolen seven years ago, as part of a finance fraud, the police said they were worth an eye-watering £6.5 million’ (Telegraph)
Were the vehicles stolen or were they taken by fraud? The answer appears almost certainly FRAUD. In which case, these vehicles are unlikely to form part of the 10,000’s the police record as STOLEN each year; ‘fraud’ has a different Home Office classification code. The recoveries & repatriation are therefore unlikely to be making a dent in the STOLEN figures.
Their ‘Lost or Stolen’ (LoS) records can be found here – 2023 & 2024 NaVCIS PNC LoS submissions.
The above article further states:
- The haul is part of a car theft epidemic that shows no sign of abating
A theft or fraud epidemic? There is more:
- In total, 35 cars were stolen to order for the right-hand-drive
- Further investigation by NaVCIS discovered that containers with more cars, which were stolen in the same way by the same gang
- Without realising that the cars had been stolen in the UK
Yet the article explains ‘Criminals involved in the scam obtained the cars on finance from legitimate UK dealerships’ i.e. this is finance fraud.
The article adds:
- Police believe that organised crime gangs are responsible for about four in five car thefts in the UK.
If this is accurate then it is evident much more needs to be done to tackle the problem. But is it really the case that organised crime is accounting for 80% of the UK’s vehicle THEFTS … or is it that they are behind what appears to be the more ‘technical’ (complex) offence of fraud?
