Road Traffic Act 1960

Penalisation of taking motor Vehicle without Authority

217 Penalisation of taking motor vehicle without authority

(1) A person who takes and drives away a motor vehicle without having either the consent of the owner thereof or other lawful authority shall (subject to the next following subsection) be liable—

(a) on conviction on indictment, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment;

(b) on summary conviction, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months.

(2) If on proceedings under this section on indictment the jury, or on summary proceedings under this section the court, are satisfied that the accused 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 therefor, the accused shall not be liable to be convicted of the offence.

(3) If on the trial of an indictment for stealing a motor vehicle the jury are of the opinion that the defendant was not guilty of stealing the motor vehicle but was guilty of an offence under this section, the jury may find him guilty of an offence under this section and thereupon he shall be liable to be punished accordingly.

(4) A police constable may arrest without warrant a person reasonably suspected by him of having committed or of attempting to commit an offence under this section.