Section 178 Taking motor vehicle without authority, etc.

England, Wales and Scotland

(1)

A person who in Scotland—

(a)

takes and drives away a motor vehicle without having either the consent of the owner of the vehicle or other lawful authority, or

(b)

knowing that a motor vehicle has been so taken, drives it or allows himself to be carried in or on it without such consent or authority,

is, subject to subsection (2) below, guilty of an offence.

(2)

If—

(a)

the jury, on proceedings under this section on indictment, or

(b)

the court, on summary proceedings under this section,

is 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 consent if he had been asked for it, the accused shall not be liable to be convicted of the offence.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 178(3) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 11

Notes on Part VII

Modifications

C1: Pt. VII modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27