Journal of the 831st Plenary Meeting of the Forum for Security Co-operation
After section 12 of the Theft Act 1968 (taking conveyances without authority) there shall be inserted the following section—
The provisions of subsection (4) of section 12A of the Theft Act 1968 are without prejudice to the operation of—
section 120 of the Sentencing Code (under which a Crown Court has a general power to fine an offender convicted on indictment); and
section 17 of, and Schedule 1 to, the Magistrates’ Courts Act 1980 (under which, with certain exceptions not material to section 12A, offences under the Theft Act 1968 are triable either way).
Nothing in section 12A of the Theft Act 1968 applies to—
an offence under section 12(1) of that Act which was committed before this section comes into force; or
any driving, injury or damage which occurred before this section comes into force.
3. Offences under section 12A of the Theft Act 1968 (aggravated vehicle-taking) where no allegation is made under subsection (1)(b) other than of damage, whether to the vehicle or other property or both. The total value of the damage alleged to have been caused. (1) In the case of damage to any property other than the vehicle involved in the offence, as for the corresponding entry in paragraph 1 above, substituting a reference to the time of the accident concerned for any reference to the material time. (2) In the case of damage to the vehicle involved in the offence — (a) if immediately after the vehicle was recovered the damage was capable of repair— (i) what would probably then have been the market price for the repair of the damage, or (ii) what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken, whichever is the less; or (b) if immediately after the vehicle was recovered the damage was beyond repair, what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken.
In the Magistrates’ Courts Act 1980, at the end of section 22 (which introduces Schedule 2) there shall be added the following subsection—
In section 33 of the Magistrates’ Courts Act 1980 (maximum penalties on summary conviction in pursuance of section 22)—
in subsection (1), at the beginning of paragraph (a) there shall be inserted the words “ subject to subsection (3) below ”; and
after subsection (2) there shall be inserted the following subsection—
An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking). Obligatory. Obligatory. 3-11
In section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences), after subsection (1) (obligatory disqualification except for special reasons) there shall be inserted the following subsection—
This Act may be cited as the Aggravated Vehicle-Taking Act 1992.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
This Act extends to England and Wales only.