Taking without owner's consent, abbreviated TWOC, is an offense in England, Wales, and Northern Ireland covering the unauthorized use of a car or other vehicle in circumstances that fall short of theft, because the person taking the vehicle does not intend to permanently deprive the owner of it. A comparable Scottish offense is called taking and driving away; British police slang turned the acronym into the verb twoccing, describing the act, and twockers, describing those who commit it.
Facts
Classification CodeSummary-only offence under section 12 of the Theft Act 1968 (England and Wales). 1 Typical PenaltyFor the aggravated form (aggravated vehicle taking), a maximum of 14 years where an accident results in the death of another, and a maximum of two years under the other three headings of section 12A(2). 1 Elements of OffenseWithout the consent of the owner or other lawful authority, taking any conveyance for one's own or another's use, or, knowing that a conveyance has been taken without such authority, driving it or allowing oneself to be carried in or on it. 1 Notable ExampleR v Marcus Leon Ashley Forbes (2005): convicted of aggravated taking and driving while disqualified after a high-speed car chase with the police; the maximum consecutive sentences were reduced on appeal to 22 months' detention in a young offender institution. 1 Jurisdiction VariationEngland and Wales: section 12 of the Theft Act 1968; Northern Ireland: article 172 of the Road Traffic (Northern Ireland) Order 1981; Scotland: the similar offence of taking and driving away, section 178 of the Road Traffic Act 1988. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
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Sources
1. Taking Without Owner's Consent (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Taking_without_owner's_consent, lead paragraph
A similar offence, known as taking and driving away, exists in Scotland.
England and Wales section, Attempt subsection, first sentence
Because section 12 is a summary only offence, there can be no
England and Wales section, Discussion subsection, quotation of section 12(1) of the Theft Act 1968
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 conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.
England and Wales section, Aggravated vehicle taking subsection
There are two offences: under section 12A(2)(b) where an accident results in the death of another (maximum 14-year sentence), and the less serious version under the other three headings (maximum two years sentence).
England and Wales section, Aggravated vehicle taking subsection, R v Marcus Leon Ashley Forbes
The judge imposed the maximum consecutive sentences for these offences, reduced on appeal to 22 months' detention in a young offender institution as the defendant should have been given credit for a guilty plea.
Northern Ireland section
The offence of taking without consent exists in Northern Ireland under article 172 of the Road Traffic (Northern Ireland) Order 1981.
Scotland section, first paragraph
to take and drive away a motor vehicle without the consent of the owner or, knowing the vehicle has been taken, to drive it or be carried in it.
View the Source Theft Act 1968, section 12 (legislation.gov.uk)
Section 12(6), statutory defence
(6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner's consent if the owner knew of his doing it and the circumstances of it.
In Group: Vehicle Theft and Vehicle Identity Crime, Section text
Subject to subsections (5) and (6) below, 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 conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.
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