Taking Motor Vehicles Without Consent and Aggravated Vehicle Taking

The Law, Practice, and Procedure Concerning Taking Motor Vehicles Without Consent and Aggravated Vehicle Taking

The Law, practice and procedure in this area is complicated and there are many ‘traps’. This presentation will be hugely relevant for anyone involved in defending or prosecuting in this area and that includes anyone advising at the police station stage or tasked with advising Magistrates’. It will also incorporate the new Guidelines published by the Sentencing Council in this area effective as regards adults sentenced on or after 1 April 2025. The law is to be found in Section 12 and 12A of the Theft Act 1968.

The summary offence of taking a motor vehicle without consent need not be charged within 6 months of the commission date of the offence – the usual rule contained in Section 127 of the Magistrates’ Courts Act 1980 does not apply – just one of the many ‘traps’ that will be examined during the presentation.

Learning Objectives:

• Time limits as regards the institution of proceedings
• The various ways in which a simple taking without consent becomes an aggravated vehicle taking
• Penalty points and disqualifications from driving as ancillary orders
• Legal aid fees payable – Youth Court and Adult Magistrates’ Court
• The Court ordering a re-test under Section 36 of the Road Traffic Offenders Act 1988
• The practice and procedure in the Magistrates’ Court and whether or not the defendant has a right to go to the Crown Court
• And more!