Vehicle taking, without consent

Theft Act 1968, s.12

Triable only summarily:

Maximum: Level 5 ine and/or 6 months

May disqualify (no points available)

Offence seriousness (culpability and harm)

A. Identify the appropriate starting point

Starting points based on irst time offender pleading not guilty

Examples of nature of activity	Starting point	Range
Exceeding authorised use of e.g. employer’s	Low level	Band B ine to medium level
or relative’s vehicle; retention of hire car beyond	community order	community order
return date
As above with damage caused to lock/ignition;	Medium level	Low level community order to high
OR	community order	level community order
Stranger’s vehicle involved but no damage
caused
Taking vehicle from private premises; OR	High level	Medium level community order to
Causing damage to e.g. lock/ignition of	community order	26 weeks custody
stranger’s vehicle

Offence seriousness (culpability and harm)

B. Consider the effect of aggravating and mitigating factors (other than those within examples above)

Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive

	Factors indicating greater degree of harm		Factor indicating lower culpability
	1.	Vehicle later burnt	1. Misunderstanding with owner
	2.	Vehicle belonging to elderly/disabled person	Factor indicating lesser degree of harm
	3.	Emergency services vehicle
			1. Offender voluntarily returned vehicle to owner
	4.	Medium to large goods vehicle
	5.	Passengers carried

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Common factors are identiied in the pullout card

Consider a reduction for a guilty plea

Consider ancillary orders, including compensation

Refer to pages 168-174 for guidance on available ancillary orders

Consider disqualiication from driving

Decide sentence

Give reasons

110	Effective from 4 August 2008