Speeding - sentencing guidelines - updated 24.4.2017

CAUGHT SPEEDING. WHAT WILL HAPPEN NEXT?

If you're eligible then you may be offered a place on a speed awareness course. Otherwise, you may be given the chance to pay a £100 Fixed Penalty with 3 points endorsed on your licence. Please note that several online sources wrongly infer that a £100 Fixed Penalty is no longer available.

If the relevant police force has adopted the ACPO guidelines then this chart is used to assess eligibility for a speed awareness course or £100 Fixed Penalty.

 

COURT PROCEEDINGS - New GUIDELINE EFFECTIVE 24.4.2017

If you do not attend a Speed Awareness Course or pay a £100 Fixed Penalty then you will be sent a Single Justice Procedure Notice / Postal Requisition / Summons and there will be a court hearing - but you may not have to attend in person.

If court proceedings are instituted, the following chart is used by Magistrates to determine the appropriate penalty point endorsement or disqualification period and fine.

speeding-sentencing-guidelines-2017

 

ASSESSING THE FINE

If you are not eligible for a £100 Fixed Penalty and your case proceeds to court then you must complete a Statement of assets and other financial circumstances. If your income is more than £120 per week after tax and national insurance contributions then your net weekly income is your "relevant weekly income." Where there is no information the court should proceed on the basis of an assumed relevant weekly income of £440.

DETERMINING THE FINE

Calcluate your net weekly income ("N"). For a non-motorway offence, if N is greater than £1000 then N=1000. For a motorway offence, if N is greater than £2500 then N=2500. Assuming an early guilty plea:

Band A fine - the most likely fine is N x ⅓ and the sentencing range is N x ⅙ to N x ½

Band B fine - the most likely fine is N x ⅔ and the sentencing range is N x ½ to N x ⅚

Band C fine - the most likely fine is N and the sentencing range is N x ⅚ to N x 7/6

 

PROSECUTION COSTS & VICTIM SURCHARGE

The prosecuting authority normally asks for £85 costs following a guilty plea at the first hearing. Further, there is a mandatory "victim surcharge" equal to 10% of your fine (with a £30 minimum for offences committed on or after 8th April 2016.) The maximum surcharge is £170 where a fine is imposed.

 

HIGH SPEED AND 'TOTTING UP'

Disqualification for a minimum of 6 months must be ordered if an offender incurs 12 or more penalty points within a 3 year period. A 'totting up' disqualification can be reduced or avoided if you can establish 'exceptional hardship' or other mitigating circumstances.

In some high speed cases (where the court may ordinarily consider discretionary disqualification) you may already have sufficient penalty points such that you would be liable to a 'totting up' disqualification if further points are endorsed. The court is obliged to consider discretionary disqualification first before 'totting up'. However, the court is not limited to considering that issue in isolation. The court can decide not to impose a discretionary disqualification because it is conscious that the result will otherwise be to avoid the imposition of a 'totting up' disqualification; see Jones v DPP [2001] RTR 8.