Arrested on motoring offences?

SWIM would like advice on what to do, his brother has been arrested after using SWIMS vehicle ( 50cc ped ) without insurance, or a licence. In order to protect SWIM he said he took the vehicle without permission.

The vehicle was borrowed. To make matters worse swims brother is on probation for an unrelated matter and currently on bail for possession of a small quantity of a controlled substance.
Additional Details
Bike is insured but obviously not for an unlicenced user. He has passed his CBT but subsequently did not qualify for a licence following a epileptic episodes.

Ben Gunn

tony c is a few years out of date. Under section 110 of the Serious Organised Crime and Police Act 2005, the police can now arrest for any offence.

The offence is not theft but taking without consent. There is an important difference but the offence is still criminal.

The correct answer would have been "I did not have permission to take the vehicle, but I genuinely thought Ithe owner would have given me permission if I had asked".

Chrys

and the question is what ???

Tony

SWIM's brother has no defence to no insurance and no licence, obviously.

If he is charged with TWOC then SWIM would usually need to make a complaint of theft in order for the TWOC to stick. However, if his brother has admitted this, perhaps in interview, then this is enough to get a conviction.

If SWIM wanted to protect his brother by saying he had pemission to use the bike that's fine but may lead to SWIM being charged with permitting no insurance.

In short, there's an extra charge floating about here and one of the brothers will have to wear it, whether it be TWOC or permit no insurance.

tony c

motoring offences involving no licence or insurance are not classed as criminal offences therefore you cannot be arrested for them-the police issue the offender with a notice to produce said documents at a police station within 7 days.

while what he did was admirable in the eyes of the law he took the bike without his brothers permission then that is theft for which he can be arrested.

if his brother said he could borrow the machine then his brother has committed an offence by allowing an unqualified rider to use the machine.

panda boy ha ha

suffer in silence

frankturk50

If they lie and say the moped was taken without consent then instead of motoring offences it becomes criminal and rider will get a criminal record.

richard738638

swims brother is not very bright, no insurance or licence then saying he nicked it he gets what he deceives

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