Taking a Motor Vehicle Without the Owner's Consent

When is stealing a motor vehicle actually taking it without the owner's consent?

A fairly short article today, which was inspired by a recent retiring room conversation with a new colleague wanting to know the distinction between the two offences.

The offence of taking a motor vehicle without the owner's consent is actually far more common than theft of a motor vehicle, for reasons that are discussed below.

Theft of a Motor Vehicle:

Theft of a motor vehicle, in common with theft generally, is an offence under section 1 of the Theft Act 1968, which states: "A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly."

The maximum sentence is 12 months' custody and/or a unlimited fine on summary conviction; 7 years' custody on conviction on indictment.

In order to secure a conviction the prosecution needs to prove the intention to permanently deprive the owner of the vehicle, which is not always straightforward. The overcome this difficulty a separate offence of taking a motor vehicle without the owner's consent exists.

Taking a Motor Vehicle (or Other Conveyance) Without the Owner's Consent:

Taking a motor vehicle without the owner's consent or other lawful authority is an offence under section 12 of the Theft Act 1968, which states: "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."

Subsection (5) states that the above does not apply to a person taking a pedal cycle. Subsection (6) states that the above does not apply where a person is of the belief that they have lawful authority to take the motor vehicle; or that the owner, if knowledgable of the circumstances, would have granted consent for them to take the motor vehicle.

The maximum sentence is 6 months' custody and/or a unlimited fine on summary conviction.

Unlike theft, there is no requirement for the prosecution to prove the intention to permanently deprive the owner of the vehicle. This makes the offence considerably easier to prove.

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