6 THEFT 2: APPROPRIATION


The Theft Act 1968 section 12(1)


This section states that ‘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 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.’


Elements of the offence:


Taking The vehicle must be used as a conveyance. In other words, there must be some element of taking possession or control of the vehicle plus movement. If a person sits inside a car but does not actually drive it, this would not be taking. However, it could be seen as an attempt. If B gets into A’s car without A’s permission, with the intention of driving it away, but A realizes what is happening and stands in front of the car, B could be charged with attempt.


A conveyance


This means a conveyance constructed or adapted for the carriage of a person or persons, whether by land, air or water. It does not include a conveyance constructed or adapted for use only under the control of a person but not carried in it or on it. Pedal cycles are not covered under this section but by section 12(5) because the penalty for taking a cycle is a fine whereas for other types of vehicle it can be custodial.


Without the consent of the owner or other lawful authority


Section 12(7) of the Act provides that when a vehicle has been taken subject of a hiring agreement or a hire purchase agreement, a person in possession of the vehicle under such an agreement is deemed to be the owner.


Knowing that such a conveyance has been taken without consent, drives it or allows himself to be carried in or on it.


This requires knowledge that the vehicle has been taken, and the accused has either driven the vehicle or been a passenger. Section 12(6) of the Act provides that a person does not commit an offence under section 12 by anything done in the belief that he has the 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.


R v Bogacki and others [1973] 2 All ER 864


The accused, who was drunk, got into a bus inside a bus garage and started the engine. The bus did not move and, after a few minutes, he got out of the bus.


R v Stokes [1982] Crim LR 695


Stokes and some friends moved his former girlfriend’s car around the corner as a joke. R v Phipps and McGill [1970] RTR 209, CA


McGill borrowed a car in order to take his wife to the railway station, to catch a train to Hastings. He agreed to return the car immediately after. His wife missed the train, and he kept the car in order to drive her there the next day.


R v Bow [1977] Crim LR 176


Bow, his brother and father were in his brother’s car when it was stopped by gamekeepers. One gamekeeper blocked the road with his vehicle. Bow got into the gamekeeper’s vehicle and released the handbrake so it coasted downhill. This enabled his brother to drive their car away.


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