Most motoring offences are dealt with in the Magistrates Court or by way of fixed penalty.
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Indeed many offences e.g. speeding or careless driving cannot be dealt with before a jury at the Crown Court. Normally the accused can only apply for trial by jury where the offence is more serious e.g. dangerous driving.
The Magistrates’ Association has issued “The Magistrates Court Sentencing Guidelines” providing a sentencing structure for the first time offender who is convicted after a trial (and has therefore lost “discount” for a prompt guilty plea). The Guidelines are not a tariff but do give an indication as to how the court should approach a particular offence.
Many motoring offences attract penalty points in addition to a fine. The range of penalty points that can be imposed varies with the offence. Some common examples are given below:
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Code |
Court |
Penalty Pts |
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Failing to stop after and accident |
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Failing to report and accident |
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Using a vehicle with defective brakes |
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Using A vehicle with defective tyre(s) |
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Driving or attempting to drive with alcohol concentration above the limit |
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Driving otherwise than in accordance with a licence |
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Motor racing on the highway |
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Failing to give information as to the identity of the driver etc |
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Some offences attract mandatory disqualification e.g. dangerous driving or drink driving and the possibility of imprisonment. Other offences could result in discretionary disqualification e.g. speeding well in excess of the permitted speed or a ban under “Totting Up”.
If the offence is suitable for a “Fixed Penalty” the financial penalty and penalty points for the offence is fixed by the Fixed Penalty Order 2000. This is updated from time to time.
The comments below are general and should not be taken as a definitive statement of the law or procedure. Expert advise should always be sought on this area. We have not attempted to cover all the factors that may be relevant where an offence is alleged to have been committed.
