The Aggravated Vehicle-Taking Act 1992
| Author | Raymond Smith,L M Clements |
| Published date | 01 May 1993 |
| DOI | 10.1177/002201839305700211 |
| Date | 01 May 1993 |
| Subject Matter | Article |
THE
AGGRA
VATED
VEHICLE-
TAKING
ACT
1992
Raymond Smith *and L M Clementst"
BACKGROUND
The
escalation of vehicle crimes of all types;' the 'hotting' crisis of late
summer 1991, when millions of television viewers were treated to films of
youngsters doing handbrake turns in 'stolen' cars around the Blackbird
Leys estate in Oxford and in
other
chosen locations around the country;
the deaths of young 'joy-riders' and of innocent victims as a result of
accidents involving joy-riding demanded political action.
The
Home
Secretary, Kenneth Baker, announced that he would do something about
it and the Aggravated Vehicle-Taking Act 1992 is that something.
Despite the high profile of the 1992 Act, it is strongly arguable that
there was no gap in the criminal law which needed to be filled. The offence
under s 12 of the Theft Act 1968, of 'Taking motor vehicle or other
conveyance without authority' (TWOC) originally provided for a maximum
sentence on conviction on indictment of three years' imprisonment. The
official downgrading of the offence occurred in 1988 when the Criminal
Justice Act, s 37 made the offence a summary offence only, carrying a
maximum of six month's imprisonment and/or a fine not exceeding £2,000.
This adjustment was made to save the expense and time of Crown Court
trials and followed the recognition/ that in only 3 per cent of cases did the
eventual sentence exceed the magistrates' maximum.
The
Aggravated Vehicle-Taking Bill was rushed through Parliament.
The
House of Commons completed all stages on 9 December 19913and
although the House of Lords spent more time on its consideration" no
amendments were accepted. As with the Dangerous Dogs Act 1991 and
the Prison Security Act 1992the government was accused of ill-considered,
purely reactive, legislation which was little more than a public relations
exercise.
It
is clear from the parliamentary debates that the government
• LLB, Senior Lecturer in law, University of Hull.
••
BA, LLM, Lecturer in law, University of Hull.
tIn the 12 months to June 1991 530,000 vehicles were 'stolen' and there were 800,000
thefts from vehicles. It has been estimated that 'stolen' vehicles are 200 times more likely to
be involved in accidents than vehicles driven by their owners. About 40 per cent of 'stolen'
vehicles are found to be damaged on recovery although criminal damage charges are brought
in only 6 per cent of such cases.
2In the Home Office Consultative Paper on the distribution of business between the Crown
Courts and the magistrates' courts (1988).
3Hansard HC, vol 200, col 630.
4Hansard HL, vol 534, col 480; vol 535, col 690; vol 536, cols 241,812.
199
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