UK Laws on Car Theft and Joyriding

There are a number of laws in the UK that relate to vehicles, and these serve to protect road users, pedestrians and vehicle owners. These laws differ to road traffic laws which set out the ways in which drivers and pedestrians must behave. UK laws that relate to the theft of a vehicle and joyriding serve to prohibit and punish criminal activity.

The illegal taking of a car can be broken down into three main categories, which are:

• Vehicle theft
• Unauthorised taking of a ‘conveyance' (e.g. a car and more often referred to as ‘joyriding')
• The aggravated taking of a vehicle (theft of a car including violence or threat to another person).

Car Theft Laws

There are a number of factors that are involved to secure a conviction against a person who steals a car. These factors must be proven beyond reasonable doubt and include the defendant's intent to permanently remove the car from the owner's possession.

As per Section 1 of the Theft Act 1968, "a person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it". A conviction can be secured if both elements of this statement can be satisfied.

Joyriding

The formal term for joyriding is ‘Taking a Conveyance without Owner's Consent' (TWOC). A ‘conveyance' usually refers to a car or other vehicle which is used to carry passengers. This means that boats, planes and ships are also covered by this term, although naturally, cars are the most common vehicle used in joyriding offences.

In most cases, a car is taken without permission and driven before the car is abandoned somewhere. As a joyrider does not have the intent to deprive the owner of their vehicle permanently (unlike car theft), Section 1 of the Theft Act is not appropriate. Instead, Section 12 of the Theft Act sets out that a criminal offence has taken place if a person takes a vehicle without the consent of their owner, for their or another's own use.

Is a passenger in a joyride guilty of breaking the law?

If a person allows themselves to be a passenger in a joyride, they can also be convicted of the same offence.

If you were a passenger in a car whilst the driver was joyriding and you were aware that the driver did not have permission to drive the vehicle, a charge of “allowing yourself to be carried” might be brought against you.

For these offences, a passenger may also receive the same penalties as the driver.

Penalties for Car Theft or Joyriding

Joyriding or taking a vehicle without consent is known as a summary only offence. This means that the case will usually only be heard in the Magistrates Court, which means less severe penalties are likely (Crown Court is reserved for more severe punishments).

A person who is convicted of these crimes can be imprisoned, and a maximum sentence can be up to 6 months in prison. A fine may also be imposed up to the sum of £5,000. Many people who are found guilty of car theft and joyriding also receive a community order, rather than a prison sentence.

When a penalty for these crimes is determined, the court will assess how serious the offence was. If the vehicle owner was vulnerable, for example, a more severe sentence could be given. If the defendant has previous convictions, a court will usually apply a larger penalty.

The court does have the power to impose harsher penalties for these offences if they believe that there was a serious element or risk. There are a number of factors that will be assessed when doing this, including:

• What happened to the vehicle after it was driven? For example, was it burnt out?
• What type of vehicle was stolen? - Emergency services, armed forces or farm vehicles will be considered to be more serious offences.
• How many passengers were in the car?
• Where was the vehicle stolen from?

Aggravated Car Theft and Joyriding

As per Section 12, the offence will be considered to have been ‘aggravated' if the defendant drove the vehicle dangerously, caused damage to any other vehicles or property or caused any injuries, death or loss to other people.

The sentence for people convicted of aggravated car theft or joyriding is severe and includes long prison terms and large fines. A prison term of up to 13 years may be imposed if the theft and subsequent driving led to a death.

Other potential penalties for this crime include:

• Summary convictions may result in a six month jail sentence and a £5,000 fine. 
• A 12 month driving ban
• Between 3 and 11 points on the driver's licence.