Sentencing Guidelines For Speeding Offences

The Sentencing Guidelines for Speeding are set out within the Magistrates Sentencing Guidelines for this offence. These are well-worn pages as speeding is arguably one of the most common offences within motoring law. This is likely due to the varying speed limits on roads, which can also differ dependant on the vehicle you are driving. The law within the UK on speeding matters is very clear and the speed limit enforced is dependent on the location or type of road concerned. This is most commonly 20mph in residential areas, for example near schools and up to 70mph on motorways.

Legislation for Speeding Offences

Travelling in excess of the speed limit is an offence under the Road Traffic Regulation Act 1984, s.89(1).

If you are caught driving in excess of the speed limit, you are subject to a sentence ranging from penalty points to a driving disqualification. The potential sentence you receive will be dependent on how grossly in excess you were exceeding the speed limit.

_____________________________________________________________________

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
_____________________________________________________________________

What potential sentence could I receive for speeding?

This offence is triable only, which means this offence can only be heard in a Magistrates Court, due to it being deemed a less serious offence compared to offences like dangerous driving.

Every Court must follow the relevant sentencing guidelines when sentencing the offender for this offence, unless the Court are satisfied it would be in the not in the interests of justice to do so. These guidelines only apply to offenders aged 18 and older.

The potential sentence you are subject to will be dependent on the speed limit at the time of the offence and how excessively the individual breaches this limit. The potential sentence you would be subject to for each speed limit is set out in the table below.

Speeds and Banding fine system summary.

It is important to note that if you fall in the Band C range and are found to have been travelling ‘grossly’ in excess of the speed limit, the Court have the option to also disqualify you for a longer period, if this is deemed appropriate.

How is a speeding fine calculated?

As set out above within the sentencing guidelines, the Court will initially determine your financial penalty dependant on the Band you are subject too. The differing bands outline what percentage of your weekly income your financial penalty will initially be based on. This is outlined below:

Fine Band A: if you fall within this band you will be subject to a financial penalty of 25 – 75% of your weekly income..

Fine Band B: if you fall within this band you will be subject to a financial penalty of 75 – 125% of your weekly income..

Fine Band C: if you fall within this band you will be subject to a financial penalty of 125 – 175% of your weekly income.

Fine Band D: if you fall within this band you will be subject to a financial penalty of 125 – 175% of your weekly income.

Fine Band E: if you fall within this band you will be subject to a financial penalty of 300 – 500% of your weekly income.

Fine Band F: if you fall within this band you will be subject to a financial penalty of 500 – 700% of your weekly income.

What will the Court consider when deciding on sentence and financial penalty?

It is important to note than the Court will take into consideration any factors that may warrant any adjustment of the initially suggested sentence. These can be either aggravating (factors that may result in an increase in sentence) or mitigating (factors that may result in a reduction in sentence). These factors will range dependant on the circumstances of the offence and also the individuals personal circumstances.

Aggravating Factors: If you have previously been convicted of an offence of the same nature as the present offence or if the offence was committed whilst the individual was on bail – this would be deemed a statutory aggravating factor. In cases where these factors are present, the matter will likely will dealt with as more serious by the Court. Other aggravating factors are (but not limited too):

• If you were driving during poor weather conditions, such a torrential rain or in the dark
• If you were carrying passengers at the time the offence was committed
• If you were driving for hire or reward, such as an Uber or Taxi driver
• If the offence was committed in the vicinity of a school/hospital etc.
• If the offence was committed whilst on licence
• If there was a high level of pedestrians or traffic in the vicinity of where the offence was committed

Mitigating Factors: If you have no previous convictions or/and can demonstrate to the Court that you are someone of good character, this may assist with reducing the serious nature of your offence.

In cases where you or those close to you would be impacted by your sentence, you can also advance mitigation. Mitigation could include (but is not limited too):

• If you are required to drive as part of your employment role
• If you provide caregiving for a family member/friend and require use of your licence to do so
• If you rely upon using your licence to provide financial support for your family and are the sole earner in the household
• If you require your licence to conduct charity work
• If you require your licence to assist with childcare
• If the company only has a small team and would face financial difficulty if you were unable to work
• If you provide a colleague with transportation to work and a disqualification would impact their ability to retain employment
• If you provide essential care such as a nurse or doctor and it will not be in the public interest to disqualified from driving due to the effect it may have on your patients

What can I do if I am subject to a disqualification under totting up procedures, as a result of my speeding matter?

If you have held a full UK driving licence for more than two years, you can obtain up to twelve penalty points within a period of three years before you are at risk of a driving disqualification. This driving disqualification is subject to Section 35 of The Road Traffic Act 1988 and is often referred to as a ‘totting up disqualification’. Exceptional Hardship is a legal argument which if you utilized successfully, can prevent you from being disqualified from driving, under ‘totting up’ procedures. You can run an Exceptional Hardship argument on a range of grounds, dependant on how a driving disqualification would affect your life. A successful application of exceptional hardship would result in you having 12 or more points endorsed on your license, without receiving a driving disqualification. It is important to note you can only advance exceptional hardship on the same grounds once every three years.

For more information on Exceptional Hardship and whether you would have good prospects to run this argument, please see our article ‘What is Exceptional Hardship?’.

If you need to go to court concerning a speeding offence, the team at Caddick Davis can advise you on the options available to you and help you to achieve the most favourable outcome possible.

_____________________________________________________________________

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
______________________________________________________________________

What can I do if the offence was committed due to an extenuating circumstance?

If you have been caught speeding as a result of extenuating circumstances, you may be able to advance a Special Reasons Argument on this basis.  A Special Reasons Argument is a legal argument which can be advanced if you have mitigating or extenuating circumstances, that would not amount to a full defence in law, but that the Court ought to have consideration of.

The criteria for a Special Reasons Argument is established in R v Wickens (1958) 42 Cr App R 436 (CA). Pursuant to Wickens, for a matter to be defined as a special reason it must :

• Be a mitigating or extenuating circumstance
• Not amount in law to a full defence
• Be directly connected with the commission of the offence
• Be a reason which the court ought properly to take into consideration when imposing a sentence

When a Special Reasons Argument is accepted by the Court, you will generally receive no penalty points, disqualification or financial penalty. However, this is completely discretionary and the Court have the option to accept your argument and sentence you to a reduced amount of penalty points and/or fine. This can be helpful for example if you are new driver and were initially subject to six penalty points, as the Court are able to sentence you outside of the guidelines if the argument in accepted.

For more information on Special Reasons Arguments, please see our articles outlining this area of law.

If you have been charged with a speeding offence and would like more information on the potential sentence you face and how best to approach this, we would advise telephoning our office for a free initial discussion with one of our motoring specialists. You can contact out office for a free consolation on 0151 944 4967 or [email protected].

• About
• Latest Posts

Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

Latest posts by Neil Davies (see all)

• Guilty Plea Representation - February 25, 2025
• Driving On An International Licence – The Do’s And Don’ts - December 18, 2024
• How To Remove A Disqualification From Driving Early? - December 5, 2024