Who can be guilty of the s.12 offence besides the person who took the conveyance?

A later driver who knows the conveyance was taken without authority, and a passenger who knows this and allows themselves to be carried in or on it, are also guilty under s.12(1), even though they did not take it themselves.

Can officers stop and search for a TWOC offence?

Yes — PACE 1984 s.1(8)(c) specifically lists s.12 Theft Act 1968 takings, so an article carried for use in connection with the offence is a prohibited article under s.1(7)(b), and the ordinary s.1 stop-and-search power applies.

Taking a conveyance without authority (TWOC)

The offence of taking a conveyance without authority under s.12 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 taking a conveyance without authority under s.12 Theft Act 1968?

Section 12(1) Theft Act 1968 covers two routes: (1) taking any conveyance for one's own or another's use, without the owner's consent or other lawful authority, or (2) knowing a conveyance has been taken without such authority, driving it or allowing oneself to be carried in or on it.

It is triable summarily only — the maximum is 6 months' imprisonment and/or a fine not exceeding level 5 on the standard scale (s.12(2) Theft Act 1968).

All offence cards

Taking a conveyance without authority (TWOC) is defined by s.12(1) Theft Act 1968: without the consent of the owner or other lawful authority, taking any conveyance for one's own or another's use, or, knowing that a conveyance has been taken without such authority, driving it or allowing oneself to be carried in or on it. The statutory wording is reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.12 Theft Act 1968

Mode of trial

Summary only

Maximum sentence

6 months' imprisonment and/or a fine not exceeding level 5 on the standard scale (s.12(2) Theft Act 1968).

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.12 — Taking motor vehicle or other conveyance without authority.the offence

(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 taking a conveyance without authority, 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

PACE 1984 s.1(8)(c) expressly lists offences under section 12 of the Theft Act 1968 (taking a motor vehicle etc. without authority), so a constable with reasonable grounds to suspect they will find an article carried for use in connection with a s.12 taking may stop and search a person or vehicle for it as a prohibited article (s.1(7)(b)). 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.

Charging Decisionscharging decisions

Offences under section 12 TA 1968 are summary only and cannot be charged as an attempt. Where an attempt is made to take a motor vehicle or trailer, the appropriate offence would normally be vehicle interference.

Read on cps.gov.uk

Allocation and Penaltyallocation & penalty

Offences under section 12(1) TA 1968 are summary only. The maximum penalty is six months imprisonment or an unlimited fine or both. Offences under section 12(5) TA 1968 (pedal cycles) are summary only and are non-imprisonable (carrying a maximum of a level 3 fine).

The offence is endorsable when committed in respect of a motor vehicle and carries a discretionary disqualification.

Where a defendant is sent for trial on indictable offences, any linked case of TWOC may be added to the indictment under section 40 of the Criminal Justice Act 1988. The count can be added whether the defendant was charged with the offence and sent for trial on it as a linked offence or not. However, if the defendant was not previously charged with the offence then adding it to the indictment under section 40 would qualify as “commencing” the proceedings and so it would need to be within the time limits specified under section 12(4A) TA 1968.

Read on cps.gov.uk

Vehicle taking without consent (s.12) — Sentencing Council guideline Legislation Quick Reference

"Conveyance" is wider than a motor vehicle — s.12(7) defines it as any conveyance constructed or adapted for carrying a person, other than one controlled by a pedestrian while it is so controlled.
The offence covers three categories of person: the TAKER, a later DRIVER who knows the conveyance was taken without authority, and a PASSENGER who knowingly allows themselves to be carried in or on it.
"Taking" requires some movement of the conveyance — merely getting in or interfering with it is not enough on its own.
The level 5 fine is now UNLIMITED — s.85 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (in force 12 March 2015) removed the cap that level 5 previously carried.
A conviction can lead to discretionary disqualification and/or endorsement under road-traffic law.
Aggravated forms involving dangerous driving, an accident, or damage are the separate offence at s.12A Theft Act 1968 (aggravated vehicle-taking) and are not covered by this card.

Frequently asked

Is taking a conveyance without authority triable either way?: No — s.12(2) Theft Act 1968 makes it triable summarily only. The maximum is 6 months' imprisonment and/or a fine not exceeding level 5 on the standard scale.
Who can be guilty of the s.12 offence besides the person who took the conveyance?: A later driver who knows the conveyance was taken without authority, and a passenger who knows this and allows themselves to be carried in or on it, are also guilty under s.12(1), even though they did not take it themselves.
Can officers stop and search for a TWOC offence?: Yes — PACE 1984 s.1(8)(c) specifically lists s.12 Theft Act 1968 takings, so an article carried for use in connection with the offence is a prohibited article under s.1(7)(b), and the ordinary s.1 stop-and-search power applies.