Theft Act 1968, s 12(1)

Taking a conveyance without owner's consent

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

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.

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. without the consent
  • 2. of the owner/other lawful authority
  • 3. took a conveyance
  • 4. for own/another's use

Defences

  • The term 'consent of the owner' does not arise simply on occasions where specific permission has been given. Problems tend to arise where the owner has given some form of conditional consent; case law suggests that if the borrower of a car, for instance, makes a reasonable detour to their journey, then that detour will still be made 'with the consent of the owner'. However, using the conveyance for a wholly or substantially different purpose may well be an offence. This element is also relevant to one of the statutory defences.
  • To prove the term 'allows himself', it is necessary to show that the defendant knew that the conveyance had been taken without the consent of the owner or other lawful authority. The person may not know that when they get into the conveyance, but if they find out subsequently, they are expected to make some attempt to leave.

Mode of trial & maximum penalty

Summary — Summary: 6 months' imprisonment and/or a fine

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

  • Verified dataset — legislation.gov.uk (current revised versions)

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