TWOC
Encyclopedia
TWOC is an acronym standing for Taking Without Owner's Consent. Synonyms used by police in the UK include UTMV: Unlawful Taking of a Motor Vehicle, and TADA or TDA: Taking and Driving Away. TWOC derives from the wording of section 12 of the Theft Act 1968
and it has become the term used by the police
in England and Wales
to describe any unauthorised use of a car or other conveyance that is not actual theft. TADA or TDA can actually only be committed in Scotland - it is a criminal offence under section 178 of the Road Traffic Act 1988 that applies only to Scotland. Since the taking need not involve an intention to permanently deprive the owner of the car, it is easier to prove than theft
(this having an element of with the intention to permanently deprive the owner of their goods). The term came to prominence with a sharp rise in car crime in the early-1990s.
In police slang usage, twoc became a verb, with twocking and twockers (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang.
defined under section 12(1) Theft Act 1968:
Adopting the standard section 1 definition of theft would require a dishonest appropriation of the conveyance with intent to permanently deprive the owner. There will therefore be little difficulty in prosecuting as theft situations where the stolen car is later sold (sometimes through a process of 'ringing' i.e. its identity is changed and forged
documents of title produced) or broken for spare parts, because the evidence of an intent permanently to deprive is clear. But the twoccing situation usually describes joyriding
where all that is intended is an unauthorised use for a short period of time. Alternatively, it covers situations where a vehicle is taken for the purposes of another offence, e.g. it is to be used to escape after a bank robbery and then abandoned. This offence is an alternative verdict under section 12(4) which provides:
). The taking of a pedal cycle or the riding of pedal cycle, knowing it to have been taken without the owner's consent is excluded from section 12(1), but covered by section 12(5) with reduced penalties.
when the defendant did not intend the victim to recover the car at all or so seriously damaged that it amounts to a theft (see section 6). If the evidence is insufficient for theft, the alternative charges are aggravated vehicle taking or blackmail under section 21. Note that section 12(7) protects the interests of people hiring or buying under a hire purchase
agreement by deeming them to be the owner for the purposes of section 12.
, i.e. a limited mistake of law
defence. Thus, section 12(6) allows a defence where the defendant believes that he has the 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. So, for example, if a vehicle was moved a short distance because it was causing an obstruction, those moving it might reasonably believe that they have lawful authority to remove the obstruction.
, so anticipatory acts are an offence of vehicle interference contrary to section 9 Criminal Attempts Act 1981. The defendant must interfere with the vehicle or a trailer or anything in or on it. Merely touching the vehicle would not be enough. There must be some positive effort made to enter or affect it, and an intention to take or steal it.
that the vehicle was driven dangerously on a road or other public place; that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person; that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle; that damage was caused to the vehicle.
There are two offences: under section 12A(2)(b) where an accident results in the death of another (maximum 14 year sentence), and the less serious version under the other three headings (maximum two years sentence). In R v Marcus Leon Ashley Forbes (2005) EWCA Crim 2069, the defendant was seen to take a car and then engaged in a high-speed car chase with the police. The judge at first instance described the defendant as a menace, having driven in ways that could so easily have killed wholly innocent road users while disqualified, while released on licence having been convicted of other aggravated TWOC offences, and while "out of his head" on ecstasy. He had a long track record of convictions. The judge imposed the maximum consecutive sentences for aggravated taking and driving while disqualified. According to R v March (2002) 2 Cr. App. R. (S) 448, credit should be given for a guilty plea and Forbes felt a keen sense of injustice that he had been given the maximum sentence. The Court of Appeal confirmed the consecutive element of the sentence but felt that there was no overwhelming public policy justification for awarding the maximum sentence. Accordingly, a reduction was made to 22 months' detention in a young offender institution.
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
and it has become the term used by the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
to describe any unauthorised use of a car or other conveyance that is not actual theft. TADA or TDA can actually only be committed in Scotland - it is a criminal offence under section 178 of the Road Traffic Act 1988 that applies only to Scotland. Since the taking need not involve an intention to permanently deprive the owner of the car, it is easier to prove than theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
(this having an element of with the intention to permanently deprive the owner of their goods). The term came to prominence with a sharp rise in car crime in the early-1990s.
In police slang usage, twoc became a verb, with twocking and twockers (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang.
Discussion
Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offenceSummary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
defined under section 12(1) Theft Act 1968:
- ...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.
Adopting the standard section 1 definition of theft would require a dishonest appropriation of the conveyance with intent to permanently deprive the owner. There will therefore be little difficulty in prosecuting as theft situations where the stolen car is later sold (sometimes through a process of 'ringing' i.e. its identity is changed and forged
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
documents of title produced) or broken for spare parts, because the evidence of an intent permanently to deprive is clear. But the twoccing situation usually describes joyriding
Joyride (crime)
To joyride is to drive around in a stolen car, boat, or other vehicle with no particular goal, a ride taken solely for pleasure.In English law, joyriding is not considered to be theft, because the intention to "permanently deprive" the owner of the vehicle cannot be proven...
where all that is intended is an unauthorised use for a short period of time. Alternatively, it covers situations where a vehicle is taken for the purposes of another offence, e.g. it is to be used to escape after a bank robbery and then abandoned. This offence is an alternative verdict under section 12(4) which provides:
- If on the trial of an indictment for theft the jury are not satisfied that the accused committed theft, but it is proved that the accused committed an offence under subsection (1), the jury may find him guilty of the offence under subsection (1).
Taking
There must be some positive movement of the vehicle. Simply rolling it forwards or backwards a few metres is not sufficient but, equally, it is not necessary that the engine be started. Releasing the brake and allowing the vehicle to run down a hill would be sufficient, as would driving the vehicle for a short distance. During the taking, the vehicle must be used to carry one or more people so that it is being used as "a conveyance". The taking may also be a material unauthorised use. For example, if a person hires a car to drive from London to Birmingham, but actually drives it to Liverpool, that will be a taking.A conveyance
To be a conveyance, the vehicle must have been constructed or adapted to carry a driver (and others, depending on the design) whether by land, water or air (so it includes a hovercraftHovercraft
A hovercraft is a craft capable of traveling over surfaces while supported by a cushion of slow moving, high-pressure air which is ejected against the surface below and contained within a "skirt." Although supported by air, a hovercraft is not considered an aircraft.Hovercraft are used throughout...
). The taking of a pedal cycle or the riding of pedal cycle, knowing it to have been taken without the owner's consent is excluded from section 12(1), but covered by section 12(5) with reduced penalties.
Without the consent of the owner
If the vehicle is taken with the owner's knowledge, the owner has consented. But apparent consent can be ignored if obtained by a deception, e.g. giving a false identity when hiring a car. This overlaps with the section 15 offence of obtaining property or services by deception. Taking by force may be robberyRobbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
when the defendant did not intend the victim to recover the car at all or so seriously damaged that it amounts to a theft (see section 6). If the evidence is insufficient for theft, the alternative charges are aggravated vehicle taking or blackmail under section 21. Note that section 12(7) protects the interests of people hiring or buying under a hire purchase
Hire purchase
Hire purchase is the legal term for a contract, in this persons usually agree to pay for goods in parts or a percentage at a time. It was developed in the United Kingdom and can now be found in China, Japan, Malaysia, India, South Africa, Australia, Jamaica and New Zealand. It is also called...
agreement by deeming them to be the owner for the purposes of section 12.
Mens rea
The defendant must know that the vehicle has been taken without the owner's consent, and that the accused has either driven the vehicle or been a passenger.Statutory defence
This is a statutory version of the so-called claim of right defence which represents an exception to the general rule that ignorantia juris non excusatIgnorantia juris non excusat
Ignorantia juris non excusat or ignorantia legis neminem excusat is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
, i.e. a limited mistake of law
Mistake of law
Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is typically differentiated from mistake of fact...
defence. Thus, section 12(6) allows a defence where the defendant believes that he has the 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. So, for example, if a vehicle was moved a short distance because it was causing an obstruction, those moving it might reasonably believe that they have lawful authority to remove the obstruction.
Attempt
Because section 12 is a summary only offence, there can be no attemptAttempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
, so anticipatory acts are an offence of vehicle interference contrary to section 9 Criminal Attempts Act 1981. The defendant must interfere with the vehicle or a trailer or anything in or on it. Merely touching the vehicle would not be enough. There must be some positive effort made to enter or affect it, and an intention to take or steal it.
Aggravated taking
This is committed if a person commits an offence under section 12(1) of the 1968 Act in relation to a mechanically propelled vehicle and it is proved that at any time after the vehicle was unlawfully taken (whether by that person or another) and before it was recovered, the vehicle was driven, or death, injury or damage was caused, in one or more the circumstances listed in section 12A(2):that the vehicle was driven dangerously on a road or other public place; that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person; that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle; that damage was caused to the vehicle.
There are two offences: under section 12A(2)(b) where an accident results in the death of another (maximum 14 year sentence), and the less serious version under the other three headings (maximum two years sentence). In R v Marcus Leon Ashley Forbes (2005) EWCA Crim 2069, the defendant was seen to take a car and then engaged in a high-speed car chase with the police. The judge at first instance described the defendant as a menace, having driven in ways that could so easily have killed wholly innocent road users while disqualified, while released on licence having been convicted of other aggravated TWOC offences, and while "out of his head" on ecstasy. He had a long track record of convictions. The judge imposed the maximum consecutive sentences for aggravated taking and driving while disqualified. According to R v March (2002) 2 Cr. App. R. (S) 448, credit should be given for a guilty plea and Forbes felt a keen sense of injustice that he had been given the maximum sentence. The Court of Appeal confirmed the consecutive element of the sentence but felt that there was no overwhelming public policy justification for awarding the maximum sentence. Accordingly, a reduction was made to 22 months' detention in a young offender institution.