Taking a conveyance without the owner's consent (TWOC)
Taking a conveyance without the owner's consent (TWOC)

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

  • Taking a conveyance without the owner's consent (TWOC)
  • Taking a conveyance without authority offence
  • Elements of the offence of taking a conveyance without authority—the criminal act
  • The mental element required for taking a conveyance without authority
  • Driving or allowing himself to be carried
  • Sentencing for taking a conveyance without authority

Taking a conveyance without authority offence

Taking a conveyance without authority is committed when a person:

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

  2. knowing that any conveyance has been taken without such authority, drives it or allows themselves to be carried in it or on it

It is a summary only offence. A count for an offence may be included in an indictment for another offence if:

  1. it is founded on the same facts or evidence as a count charging the indictable offence, or

  2. is part of a series of offences of the same or similar character as an indictable offence which is also charged

However, where the offence is tried with an indictable offence in the Crown Court, the court can only deal with the defendant in the same way that a magistrates' court could have dealt with them.

A jury is also able to bring an alternative verdict convicting a defendant of taking without the owner's consent as an alternative to a count of theft of the conveyance.

When there is a certificate which states the date on which sufficient evidence came to the knowledge of the person responsible for commencing the prosecution, proceedings should be commenced within six months from the date specified. Whatever the date of knowledge,