Taking vehicle without consent of owner

(1) Subject to sub-section (2), any person who uses a vehicle without the consent of the owner or other lawful authority commits an offence. (2) A person shall not be convicted under this section if he proves either– (a) that he had good reason to believe, and did in fact believe, that the owner of the vehicle would, had he been present, have consented to the vehicle being used in the manner in which it was used; or (b) that he had reasonable cause to believe and did in fact believe, that he had lawful authority to use the vehicle. (3) If any person is convicted under this section, the magistrate may, if he thinks fit, either in addition to or without inflicting any punishment, order that the person convicted do pay to the owner of the vehicle either or both of the following sums, namely– (a) such sum as, in the opinion of the magistrate, would have been charged if the vehicle had been hired by the person convicted; or (b) such sum as, in the opinion of the magistrate, represents fair compensation for any damage done to and for the use of the vehicle. (4) If, on the trial of any indictment for stealing a vehicle, the jury are of the opinion that the defendant was not guilty of stealing the vehicle but was guilty of an offence under this section, the jury may find him guilty of an offence under this Motor Vehicles and Road Traffic [CAP. 230 61 section and thereupon he shall be liable to be punished accordingly. (5) Any police officer may arrest without a warrant any person suspected by him of having committed an offence under this section.