172.—(1) Subject to paragraph (2), any person who, without having the consent of the owner or other lawful authority, takes or attempts to take, a motor vehicle, trailer orF2. . . cycle for his own or another's use or, knowing that any motor vehicle, trailer orF2. . . cycle has been taken without such authority, drives or attempts to drive it or allows himself to be carried in or on it shall be guilty of an offence under this Order.
(2) If on proceedings on indictment for an offence under this Article the jury is satisfied, or, on summary proceedings under this Article the court is satisfied, that the defendant acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked for it, the defendant shall not be liable to be convicted of the offence.
(3) On the trial of any indictment for the theft of a motor vehicle, trailer orF2. . . cycle, the jury may acquit the defendant of theft and find him guilty of an offence under this Article.
(4) A court of summary jurisdiction dealing summarily with the offence of theft of a motor vehicle, trailer orF2. . . cycle may acquit the defendant of that offence and find him guilty of an offence under this Article.]