Taking Without Consent & TDA

Section 12 of the Theft Act 1968 creates the offence.

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.

This offence can only be dealt with in the Magistrates Court. The maximum sentence which can be imposed is a fine not exceeding level 5 (£5000) and/or a term of imprisonment not exceeding six months.

A person does not commit an offence under this section by anything done in the belief that he has 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.

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