15th September 2026
Vehicle theft is becoming increasingly sophisticated, with criminals using electronic equipment to exploit weaknesses in modern vehicle security systems.
New legislation is now set to give police and the courts additional powers to tackle the people who possess, manufacture, adapt, import or supply electronic devices intended to facilitate vehicle theft.
The provisions form part of the Crime and Policing Act 2026, which received Royal Assent on 29 April 2026. The legislation specifically extends the new vehicle-device offences to Scotland.
What does the new law cover?
Sections 149 and 150 of the Act create new offences concerning electronic devices that are intended to be used in connection with vehicle-related offending.
The legislation is deliberately broad rather than providing a fixed list of prohibited gadgets. It can cover electronic equipment such as signal jammers, signal amplifiers and devices capable of accessing a vehicle's wiring or electronic systems.
The new offence covers a person who:
possesses an electronic device in circumstances giving rise to a reasonable suspicion that it will be used in connection with a relevant vehicle offence;
imports such a device;
manufactures or makes it;
adapts it;
supplies it; or
offers to supply it.
The relevant Scottish offences include theft of a vehicle, vessel or aircraft used to transport people, theft of something from such a vehicle, vessel or aircraft, and taking a motor vehicle without authority.
It is not simply a ban on owning electronic equipment
An important point for legitimate users and businesses is that the legislation does not make every electronic device capable of being used in vehicle crime illegal.
The test is concerned with the circumstances in which the device is possessed or dealt with and whether there is a reasonable suspicion that it will be used in connection with a relevant offence.
There is also a defence where the person can show that they did not intend or suspect that the device would be used for the relevant vehicle offence. The legislation also contains provisions dealing with situations where a device is found on premises occupied or habitually used by the accused.
This distinction is particularly relevant to legitimate businesses, vehicle-security specialists and other people who may have a genuine reason for possessing electronic equipment that could theoretically be misused.
What are the penalties?
The new offence can be dealt with either summarily or on indictment.
In Scotland, a summary conviction can result in imprisonment for up to 12 months, a fine up to the statutory maximum, or both.
On conviction on indictment, the maximum penalty is five years' imprisonment, a fine, or both.
The legislation also makes the offence a relevant "lifestyle offence" for the purposes of the Proceeds of Crime Act 2002, including the Scottish provisions concerning confiscation.
When does the new law apply?
This is an important point because the Crime and Policing Act 2026 is being brought into force in stages.
The Act became law on 29 April 2026, but not every provision became legally operative on that date. The legislation allows the Government to bring many provisions into force through commencement regulations.
The first commencement regulations brought a number of provisions into force on 29 June 2026, followed by further provisions on 1 September 2026. A third commencement instrument provides for other provisions, including the SIM-farm provisions, to come into force on 29 October 2026.
As at 15 September 2026, sections 149 and 150 – the provisions dealing specifically with electronic devices used in vehicle offences – have not yet been brought into force.
This means that although the new offences are now part of the law passed by Parliament and specifically extend to Scotland, the new offences are not yet operative in Scotland. A further commencement regulation will be required before they can be enforced.
That distinction is important when discussing the legislation with vehicle owners, businesses or members of the public.
Why has the law been introduced?
The Government says the purpose of the legislation is to close a gap in the existing law.
Previously, the criminal law could deal with the use of electronic equipment in the commission of a vehicle theft, but there was a more limited ability to intervene simply because someone possessed or supplied equipment intended for that purpose.
The new provisions are designed to allow earlier intervention against people involved in the manufacture, importation, possession and supply of equipment used to facilitate vehicle crime. The Government has specifically identified equipment such as signal jammers, signal amplifiers and devices used to access a vehicle's electronic systems.
The Scottish Parliament also considered the provisions during the legislative-consent process, expressly identifying the provisions relating to electronic devices used in vehicle theft as measures requiring consideration because they fall within areas of Scottish legislative competence.
What does this mean for vehicle owners?
For the ordinary vehicle owner, the legislation is primarily aimed at criminal activity involving electronic devices, rather than placing new obligations on motorists.
Nevertheless, it is a further indication that vehicle manufacturers, owners, security specialists and law enforcement agencies are having to respond to increasingly sophisticated methods of vehicle theft.
For owners of keyless vehicles, sensible security measures remain worthwhile. These can include using the vehicle manufacturer's available security features, keeping keys away from external doors and windows, and considering additional physical security where appropriate.
The key message
The Crime and Policing Act 2026 represents a significant change in the legal approach to electronic equipment associated with vehicle theft.
For Scotland, the new law will make it an offence to possess, manufacture, adapt, import, supply or offer to supply relevant electronic devices where the statutory conditions are met.
However, the new offence should not yet be described as being in force in Scotland. As of 15 September 2026, the relevant sections of the Act have been enacted and extend to Scotland, but a commencement date for sections 149 and 150 has not yet been brought into effect.
Once those provisions are commenced, they will provide Police Scotland and the Scottish courts with a new tool for tackling the electronic equipment used to facilitate vehicle theft.