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Thank you for your question question. I am a solicitor in Scotland. If a passenger did not know that a vehicle was stolen then there can be no conviction because no crime has been committed. The person would have to had knowledge of the theft, called mens rea in Scots Law. If the person was convicted the outcome would depend on the seriousness of the offence and the personal circumstances of the person convicted, such as job, family, income, previous record etc. I hope that helps. Please leave a positive rating so that I am credited for my time.
What are the few previous convictions and when were they?
The court would be concerned that the person has a blatant disregard for the law when it comes to motor vehicles and a custodial sentence would be considered. However with a job and being a carer a fine and/or community based disposal or even a deferred sentence for good behaviour may be the way this is dealt with. I hope that helps. Please leave a positive rating so that I am credited for my time.
Hes th charge would be theft aggravated with the subsequent accident and injury to the third party. One witness is enough only if thee is other evidence such as CCTV or a confession for example. It is not enough on its own in Scots Law. There has to be corroborated evidence.
One witness, no, two witnesses, yes.
Is there any evidence that you took part in the theft?
No there would have to be more than that. There may be a presumption but if you have an alibi the presumption would be displaced.
If you did that and refused to ID the driver you would get into a lot of trouble and would have no credibility. You should stick to your alibi I think. That would be far better.
Against you it could be for being in a place where it could reasonably be inferred that you were committing a theft under the Civic Government Act. If you have an alibi use it. If you are caught on CCTV all you can do is deny any knowledge of the theft.