Charged with TWOC in London?
Commandeering the use of a motor car or taking any other property which belongs to another without that person’s authorisation is a criminal offence under the Theft Acts. The offence is created under section 12 of the 1968 Theft Act which criminalises the ‘taking’ or stealing of a motor vehicle for joyriding or etymology. This offence differs from theft because the offender’s intention is not necessarily to permanently deprive the owner of the property of its use. It is nonetheless a criminal offence and it is punishable under the law.
For the offence of TWOC to hold, the prosecution must prove that not only did the offender touch the vehicle but that he or she moved it as well. In the course of the ‘movement’ of the vehicle, the law also requires that the car must have been used to transport one or two people to satisfy the requirement of using it as a conveyance. The elements of the offence; without the owner’s consent, movement of the vehicle, using it as a conveyance and the intention to ‘take’ it without the owner’s consent, albeit for a period of time only, must be present for a TWOC allegation to stand.
The offence of TWOC becomes aggravated taking where the vehicle, while being used without the owner’s consent, was dangerously driven in a public place, causing an accident and resulting in the death or injury of any person. The offence of aggravated taking without owner’s consent is also committed where there is an accident as a result of which damage is caused to another property and/or to the vehicle itself. The severity of the punishment upon conviction depends on the nature of the case and the surrounding circumstances. A TWOC offence may attract a custodial sentence between 2 to 10 years.
Expert legal representation is therefore required to ensure that every possible avenue is explored to establish mitigating circumstances in your favour. London’s most prominent criminal defence law network is one of London’s best criminal defence law network with specialist lawyers in burglary, theft and every related offence including Taking Without Owner’s Consent. Contact our dedicated team of experts today and receive an outstanding level of professional legal service from advice to representation and beyond.