KNOW YOUR RIGHTS


If you can tell me what the speed is, I will be able to advise on the validity of the sentence.


But you do have an automatic right to appeal your sentence at the Crown Court. Any Notice of Appeal must be lodged with the Magistrates’ Court within 15 business days of the sentence being passed.


Case 2


Question I was caught speeding and sent a penalty of £100 and 3 points. I paid the fine and I sent them my licence details by return post. I thought that was the end of it. Completely unexpectedly I then received court papers and they refunded the £100 to me that I paid. On reading the papers it looks like they didn’t receive my licence details.


I pleaded guilty to speeding and explained what was originally sent (fine and points). I have now received the result of the court case and have been fined £277, £90 costs and £111 victim support plus 4 points. Can you help me. Many thanks


Answer


If somebody commits a speeding offence, the police will usually offer a fixed penalty of 3 points and a £100 fine, as long as the speed is within the threshold. In order to accept the fixed penalty, the offender must surrender their licence or provide their details, whichever is required on the form, and pay the £100 fine.


If for any reason the offender does not do either of these things, the case will automatically proceed to court. So if for example the police are saying they never received the licence details, it is perfectly normal for the case to proceed to the court stage.


The problem is that at court, the court have different thresholds and guidelines from the police. For example, if the speed is 66 in a 50, the police will offer 3 points, but if that’s not accepted, the court will give 4 points as well as costs on top.


PHTM MAY 2025


If we appeal, the case would be sent to the Crown Court, where it would be considered by a bench consisting of a Judge and two Magistrates (no jury). You would need to attend. Any fine is NOT suspended pending the appeal, so you would need to continue to pay.


On appeal we are not necessarily appealing the Magistrates’ Court’s decision - the Crown Court can make their own decision so they may very well overturn the decision but they may also, if unsuccessful, impose somewhere in the region of an additional £400 in costs as well as increase the points (although I think that’s unlikely).


On appeal, we are asking the court to impose 3 points and a £100 fine – replicating the fixed penalty. We will explain that you did receive the fixed penalty and accepted it, but it’s not your fault the licence details went missing in the post. So therefore it’s not in the interests of justice to impose anything further. It might not work, but it’s the only chance we have of keeping the sentence down.


Outcome


In this case we did appeal. We took the case to the Crown Court and we argued it.


The speed turned out to be 42 in a 30 limit. The court’s sentencing guidelines say that for speeds between 41 and 50 in a 30 limit, the court must impose between 4 and 6 points, as well as higher fines and costs.


Initially the Crown Court Judge was reluctant to depart from the guidelines. However, we argued that s. 59 Sentencing Act 2020 states that the court can depart from the guidelines if they consider it “in the interests of justice to do so”. And in this case we argued it was in the interest of justice to impose only 3 points and a £100 fine because that’s what he was offered, and accepted, initially. After hearing the arguments, the Judge agreed.


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