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Understanding the Law of Taking a Vehicle Without the Owner’s Consent (TWOC)

Taking a vehicle without the owner's consent (TWOC) is an offence under Section 12 of the Theft Act 1968, and it differs from theft as there is no requirement to prove intent to permanently deprive the owner of the vehicle. Often referred to as "joyriding," this offence involves taking a motor vehicle, motorcycle, or other conveyance without permission from the lawful owner. While the offence may sound less serious than theft, it can still carry significant legal consequences, particularly if the vehicle is damaged or if dangerous driving occurs during the incident.

At Allen Hoole Solicitors, we have extensive experience representing individuals accused of TWOC, both at police stations and in court. As one of the largest criminal defence firms in the South West of England, our team of highly skilled solicitor advocates provides expert legal advice and representation at every stage of the legal process.

The Legal Definition of TWOC

Under Section 12 of the Theft Act 1968, a person commits the offence of TWOC if they:

  • Take a conveyance (motor vehicle or otherwise) for their own or another's use without the owner’s consent or other lawful authority.
  • Drive or allow themselves to be carried in a vehicle that they know to have been taken without the owner’s consent.

The key difference between TWOC and theft is that, in TWOC cases, the prosecution does not need to prove an intention to permanently deprive the owner of the vehicle. This means that even if the person intended to return the vehicle after a short time, they could still face charges under TWOC.

If the vehicle is damaged or dangerous driving is involved during the incident, the penalties can be significantly more severe, with potential charges of aggravated TWOC, which carries stricter penalties than the standard offence.

Available Defences to TWOC

Defending against a TWOC charge requires a deep understanding of the law and the circumstances of the case. Several defences may be available to someone accused of TWOC, including:

Owner’s Consent

A strong defence is to show that the defendant had permission from the vehicle owner to take or use the vehicle. If consent was given, even if later retracted or misunderstood, this could result in the charge being dropped or dismissed.

Mistaken Belief

In some cases, the defendant may have reasonably believed they had permission to take the vehicle. If they genuinely thought the owner had consented, this could undermine the prosecution's case. For example, if someone believed they had temporary use of the vehicle based on a prior arrangement, this could be a valid defence.

Lack of Knowledge

A defence may be raised if the defendant was a passenger in the vehicle and was unaware that it had been taken without consent. The prosecution must prove that the defendant knew the vehicle was unlawfully taken, and if this knowledge is lacking, the case may not stand.

Duress

If the defendant was forced or coerced into taking the vehicle, perhaps by threats or intimidation, this could be a defence. Duress can be argued if the defendant had no real choice but to comply with the demands of another person due to fear of harm.

Expert Representation and Forensic Support

At Allen Hoole Solicitors, we understand that TWOC cases can sometimes require a thorough examination of evidence, such as CCTV footage, phone records, or forensic analysis of the vehicle itself. In cases where technical evidence plays a crucial role, we work with leading forensic experts to challenge the prosecution's evidence or find weaknesses that can strengthen the defence.

We also have access to the best specialist barristers, ensuring that our clients receive top-level representation in court. Our combined expertise in police station interviews, pre-charge legal advice, and court proceedings ensures that our clients receive a comprehensive defence strategy from start to finish.

Why Choose Allen Hoole Solicitors?

At Allen Hoole Solicitors, we are one of the largest criminal defence firms in the South West of England, and our team of highly experienced solicitor advocates is skilled in handling all types of vehicle-related offences, including TWOC. We provide expert legal representation at every stage of the process, from police interviews to court hearings, ensuring that our clients receive the best possible defence.

Our approach is thorough and proactive, using a combination of legal expertise and access to leading experts to build strong cases for our clients. Whether facing TWOC or more serious charges, such as aggravated TWOC, we are here to provide guidance and advocacy.

If you or someone you know is facing TWOC charges, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your rights are protected throughout the legal process.