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Thursday 12 October 2023

Vehicle Interference

Vehicle interference is an offence committed by a person who unsuccessfully attempts to steal either a motor vehicle or trailer or any item attached thereto or contained therein.

In today's whistle-stop guide I shall be taking a closer look at the offence of vehicle interference. I begin with my usual disclaimer that this is a broad subject and I am providing only a brief overview.

Vehicle interference is an offence under section 9(1) of the Criminal Attempts Act 1981, which states: "A person is guilty of the offence of vehicle interference if he interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention that an offence specified in subsection (2) below shall be committed by himself or some other person."

Subsection (2) goes on to specify the relevant intended offences as:

(a) theft of the motor vehicle or trailer or part of it;

(b) theft of anything carried in or on the motor vehicle or trailer; and,

(c) an offence under section 12(1) of the Theft Act 1968 (taking and driving away without consent).

Subsection (3) goes on to specify that the offence is triable summarily and has a maximum sentence of 3 months' imprisonment and/or a fine at level 4 (currently £2,500).

Subsection (5) goes on to specify that "motor vehicle" and "trailer" have the same definitions as those given in section 185(1) of the Road Traffic Act 1988, namely:

- motor vehicle: Subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads;

- trailer: a vehicle drawn by a motor vehicle.

In order to secure a conviction, the prosecution must prove that the accused made physical contact with the motor vehicle, trailer or anything attached thereto or contained therein.

The prosecution must also prove that the accused had the intention of stealing the motor vehicle, trailer or anything attached thereto or contained therein. This will obviously be easier to do if the accused had in their possession any item to facilitate the commission of the theft.

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