Is the maximum sentence for aggravated vehicle-taking still 5 years for the death limb?

No. The death-limb maximum was raised from 5 years to 14 years by s.285(1) Criminal Justice Act 2003, in force 27 February 2004. Only the 14-year figure is current.

Aggravated vehicle-taking

The offence of aggravated vehicle-taking under s.12A Theft Act 1968 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, and the arrest and search powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for aggravated vehicle-taking under s.12A Theft Act 1968?

Aggravated vehicle-taking (s.12A(1) Theft Act 1968) requires: (1) the basic offence of taking a mechanically propelled vehicle without authority under s.12(1), and (2) after the vehicle was taken and before it was recovered, one of the aggravating circumstances in s.12A(2) occurred — dangerous driving, an accident causing injury, an accident causing damage to other property, or damage to the vehicle itself.

It is triable either way; the maximum on conviction on indictment is 2 years' imprisonment, rising to 14 years where it is proved that, in the injury-accident circumstances at s.12A(2)(b), the accident caused the death of the person concerned (s.12A(4)).

All offence cards

Aggravated vehicle-taking is defined by s.12A(1) Theft Act 1968: a person commits the basic offence under s.12(1) in relation to a mechanically propelled vehicle, and after it was taken and before it was recovered one of the aggravating circumstances in s.12A(2) occurred — the vehicle was driven dangerously, an accident caused injury to any person, an accident caused damage to property other than the vehicle, or damage was caused to the vehicle. Each element has its own statutory definition (ss.12A, 12), reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.12A Theft Act 1968

Mode of trial

Triable either way

Maximum sentence

2 years' imprisonment on conviction on indictment; but 14 years where it is proved that, in circumstances within s.12A(2)(b), the accident caused the death of the person concerned (s.12A(4)).

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.12A — Aggravated vehicle-taking.the offence

(1) Subject to subsection (3) below, a person is guilty of aggravated taking of a vehicle if—

(a) he commits an offence under section 12(1) above (in this section referred to as a “basic offence”) in relation to a mechanically propelled vehicle; and

(b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs (a) to (d) of subsection (2) below.

(2) The circumstances referred to in subsection (1)(b) above are—

(a) that the vehicle was driven dangerously on a road or other public place;

(b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;

(c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;

(d) that damage was caused to the vehicle.

(3) A person is not guilty of an offence under this section if he proves that, as regards any such proven driving, injury or damage as is referred to in subsection (1)(b) above, either—

(a) the driving, accident or damage referred to in subsection (2) above occurred before he committed the basic offence; or

(b) he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.

(4) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or, if it is proved that, in circumstances falling within subsection (2)(b) above, the accident caused the death of the person concerned, fourteen years.

(5) If a person who is charged with an offence under this section is found not guilty of that offence but it is proved that he committed a basic offence, he may be convicted of the basic offence.

(6) If by virtue of subsection (5) above a person is convicted of a basic offence before the Crown Court, that court shall have the same powers and duties as a magistrates’ court would have had on convicting him of such an offence.

(7) For the purposes of this section a vehicle is driven dangerously if—

(a) it is driven in a way which falls far below what would be expected of a competent and careful driver; and

(b) it would be obvious to a competent and careful driver that driving the vehicle in that way would be dangerous.

(8) For the purposes of this section a vehicle is recovered when it is restored to its owner or to other lawful possession or custody; and in this subsection “owner” has the same meaning as in section 12 above.

Read s.12A on legislation.gov.uk

s.12 — Taking motor vehicle or other conveyance without authority.the basic taking

(1) Subject to subsections (5) and (6) below, 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.

(2) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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) above, the jury may find him guilty of the offence under subsection (1) and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.

(4A) Proceedings for an offence under subsection (1) above (but not proceedings of a kind falling within subsection (4) above) in relation to a mechanically propelled vehicle—

(a) shall not be commenced after the end of the period of three years beginning with the day on which the offence was committed; but

(b) subject to that, may be commenced at any time within the period of six months beginning with the relevant day.

(4B) In subsection (4A)(b) above “the relevant day” means—

(a) in the case of a prosecution for an offence under subsection (1) above by a public prosecutor, the day on which sufficient evidence to justify the proceedings came to the knowledge of any person responsible for deciding whether to commence any such prosecution;

(b) in the case of a prosecution for an offence under subsection (1) above which is commenced by a person other than a public prosecutor after the discontinuance of a prosecution falling within paragraph (a) above which relates to the same facts, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution or (if later) the discontinuance of the other prosecution;

(c) in the case of any other prosecution for an offence under subsection (1) above, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution.

(4C) For the purposes of subsection (4A)(b) above a certificate of a person responsible for deciding whether to commence a prosecution of a kind mentioned in subsection (4B)(a) above as to the date on which such evidence as is mentioned in the certificate came to the knowledge of any person responsible for deciding whether to commence any such prosecution shall be conclusive evidence of that fact.

(5) Subsection (1) above shall not apply in relation to pedal cycles; but, subject to subsection (6) below, a person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own or another’s use, or rides a pedal cycle knowing it to have been taken without such authority, shall on summary conviction be liable to a fine not exceeding level 3 on the standard scale.

(6) A person does not commit an offence under this section by anything done in the belief that he has 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.

(7) For purposes of this section—

(a) “conveyance” means any conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air, except that it does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it, and “drive” shall be construed accordingly; and

(b) “owner”, in relation to a conveyance which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the conveyance under that agreement.

Read s.12 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing aggravated vehicle-taking, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Stop and searchs.1

The underlying taking is a s.12 offence, which PACE 1984 s.1(8)(c) lists — so an article carried in connection with taking a conveyance is a prohibited article under s.1(7)(b), and a constable with reasonable grounds to suspect they will find it may stop and search a person or vehicle. GOWISELY applies.

Code of Practice: PACE Code A — stop and search →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Allocation and Penaltyallocation & penalty

Aggravated TWOC is an either way offence, carrying a maximum penalty in the Crown Court of two years imprisonment and/or an unlimited fine, with the caveat that where the aggravating circumstance relied on the by the prosecution is an accident causing injury to another, then if the injury was fatal, the maximum penalty is increased to 14 years.

In a Magistrates’ Court, the maximum penalty depends on when the offence was committed:

For offences committed prior to Monday 2 May 2022, the maximum penalty for a single either-way offence is up to 6 months' imprisonment and/or an unlimited fine; for two or more either-way offences, the maximum penalty is up to 12 months' imprisonment and/or an unlimited fine;

For offences committed on or after 00.01am on Monday 2 May 2022, the maximum penalty available for a single offence either-way offence, and for two or more either-way offences, is up to 12 months' imprisonment and/or an unlimited fine [see The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022].

Following the principle in R v Courtie [1984] AC 463 aggravated TWOC resulting in death should be considered a separate offence and the death should be pleaded on the face of the indictment or charge. Where there is evidence of dangerous driving and that the defendant was the driver, prosecutors should charge an offence of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988.

Where the aggravating circumstances relate to damage owing to the driver of the vehicle having an accident causing damage to property or damage was caused to the vehicle, then the offence will be treated as a summary only offence for the purposes of allocation proceedings if the value of the damage is less than the relevant sum (see section 22 and Schedule 2 of the Magistrates’ Courts Act 1980.) Although this makes a low value aggravated TWOC triable summarily, the summary time limit under section 127 of the Magistrates’ Courts Act 1980 will not apply as the offence remains either-way for all purposes other than allocation and so proceedings can still be brought at any time. If the defendant is sent to the Crown Court then any linked charge of TWOC aggravated by low-value damage can still be included on the indictment under section 40(3)(d) of the Criminal Justice Act 1988.

Offences under section 12A TA 1968 where the conveyance involved was a motor vehicle are endorsable with 3 – 11 points and carry an obligatory period of disqualification for a minimum of 12 months under Schedule 2 of the Road Traffic Offenders Act 1988. The court may, at its discretion, also impose a period of further disqualification until the defendant has passed an extended driving test. Where the defendant can be proved to be the driver and there is evidence of dangerous driving it may be more appropriate to proceed on a specific charge under section 2 of the Road Traffic Act 1988, because disqualification until the extended test is passed is mandatory for that offence (section 36(1) of the Road Traffic Offenders Act 1988).

Read on cps.gov.uk

Aggravated vehicle taking — dangerous driving (Sentencing Council guideline; see also the damage limb)Legislation Quick Reference

This is a mechanically propelled vehicle offence, narrower than s.12's "conveyance" — it does not cover pedal cycles or other conveyances without an engine.
Any one of the four s.12A(2) aggravating circumstances suffices, and it need not be the defendant who drove dangerously or caused the accident: liability attaches to the taker, a driver, or a passenger within s.12A(3), subject to the s.12A(3) defence that the driving or accident occurred before the defendant took the vehicle, drove it, or allowed themselves to be carried in or on it, or that the defendant was not in or on it, or in its immediate vicinity, when that happened.
The 14-year maximum applies only to the death limb — where an accident within s.12A(2)(b) caused the death of the person concerned.
A conviction for aggravated vehicle-taking attracts obligatory disqualification from driving.

Frequently asked

Is aggravated vehicle-taking triable either way?: Yes — s.12A(4) Theft Act 1968 makes it triable either way. The maximum on conviction on indictment is 2 years' imprisonment, rising to 14 years where it is proved that the accident caused death within the circumstances at s.12A(2)(b).
What are the elements of aggravated vehicle-taking?: The basic offence of taking a mechanically propelled vehicle without authority under s.12(1), plus one of the four aggravating circumstances in s.12A(2): dangerous driving, an accident causing injury, an accident causing damage to other property, or damage caused to the vehicle itself, occurring after the vehicle was taken and before it was recovered.
Is the maximum sentence for aggravated vehicle-taking still 5 years for the death limb?: No. The death-limb maximum was raised from 5 years to 14 years by s.285(1) Criminal Justice Act 2003, in force 27 February 2004. Only the 14-year figure is current.