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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12288
Experience:  30 years as a practising solicitor.
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Can a passenger be charged with Aggravated vehicle taking

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Can a passenger be charged with Aggravated vehicle taking the car was stolen but the passenger did not know that it was stolen and it crashed into another vehicle but it did not cause a lot of damage or injury?
Customer: replied 4 months ago.
Also what what be the out come if it went to court and was found guilty?
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 4 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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.

Customer: replied 4 months ago.
If the passenger was to be convicted and has a job,license,car,cares for a family member and only has a few previous convictions but not for this offence and the damage to the other vehicle was minor and the injury to the other driver was minor?
Customer: replied 4 months ago.
Would the passenger be facing a prison Sentence?

What are the few previous convictions and when were they?

Customer: replied 4 months ago.
One for no license or insurance and one for not wearing a helmet on an unregistered motor bike both of those charges was on separate ocasions one was at the age of 14 and the other was aged 15 and the person is now 17

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.

Customer: replied 4 months ago.
Thank you 1 more question sorry,
So is Agrivated vehicle taking a charge in scotland? And would 1 eye witness be enough evidence to charge or convict someone? Also what people to say he was else where at the time of the incident and he also had photographs with the date and time to show he was else where?

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.

Customer: replied 4 months ago.
if there was only 1 or 2 witnesses and no Forensic or cctv would that be enough for a charge and a conviction?

One witness, no, two witnesses, yes.

Customer: replied 4 months ago.
But what if the 2 witnesses and cctv seen me in the car at the time of the incident would that mean i would be charged with aggrivated vehicle taking because would that prove that i had anything to do with the theft of the vehicle and also if this all happened about 7 months ago and no one has had any contact from the police at any time would they still be investigating it?

Is there any evidence that you took part in the theft?

Customer: replied 4 months ago.
No nothing apart from roumors i think there couldnt possibly be any as i never took part in it
Customer: replied 4 months ago.
But i read in an article online as long as its proven you were in the vehicle you can be charged with the aggrivated vehicle taking?

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.

Customer: replied 4 months ago.
if went to court would i be best to admit being in the vehicle at that time and say i didnt know it was stolen and but i wouldnt be identifying the driver so possible a charge of not identifying the driver what would be the charges in thid case and the outcome would i be sent to prison?
Customer: replied 4 months ago.
would 2 people who say is was with them at this time and not in the vehicle be a good enough alibi?

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.

Customer: replied 4 months ago.
just deny being in the vehicle at all and having any involvement with it and tell the police my alibi. Say the only evidence they have is cctv and 2 witnesses of me being in the vehicle at the time of the crash but no cctv or witnesses of the theft what would the charges be?

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.

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