Aggravated vehicle-taking
Aggravated vehicle-taking

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Aggravated vehicle-taking
  • The offence of aggravated vehicle-taking
  • Elements of the offence of aggravated vehicle taking—the criminal act
  • Mental element for aggravated vehicle taking
  • Statutory defence for aggravated vehicle taking
  • Sentencing for the offence of aggravated vehicle taking

The offence of aggravated vehicle-taking

A person is guilty of aggravated vehicle taking if:

  1. they take a conveyance without the owner's or other lawful authority's consent for their own or another's use, or

  2. knowing that any conveyance has been taken without such authority, drive it or allow themselves to be carried in or on it—the basic offence (TWOC) under section 12(1) of the Theft Act 1968 (TA 1968)

  3. and it is proved that, at any time after the vehicle was unlawfully taken (whether by that person or another) and before it was recovered, the vehicle was driven, or injury or damage was caused

See Practice Note: Taking a conveyance without the owner's consent (TWOC).

The damage must be proved to have been caused in one or more of the following circumstances:

  1. that the vehicle was driven dangerously on a road or other public place

  2. that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person

  3. that, owing to the driving of the vehicle, an accident occurred by which damage was caused to property, other than the vehicle, and

  4. that damage was caused to the vehicle

The offence is an either way offence. However, when the only aggravated element of the offence is the allegation of damage being caused to the vehicle and/or property, the