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 (Evo Magazine, Saga, etc.) wrongly infer that changes in 2017 removed the availability of a speed awareness course or £100 fixed penalty.
If the relevant police force has adopted the ACPO guidelines then the following table is used to assess eligibility for a speed awareness course or £100 fixed penalty.
COURT PROCEEDINGS - GUIDELINE EFFECTIVE IN 2024
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 or Postal Requisition and there will be a court hearing - but you may not have to attend in person.
If court proceedings are instituted then the following table is used by the Single Justice or Magistrates to determine the appropriate penalty point endorsement or disqualification period and fine.
“Where an offender is driving grossly in excess of the speed limit the court will consider a disqualification in excess of 56 days.”
FACTORS TAKEN INTO ACCOUNT
Personal mitigation
Previous convictions
Offence committed on bail / licence
Poor road conditions
Poor weather conditions
Driving an HGV, LGV, bus
Towing a caravan or trailer
Carrying passengers or a heavy load
Driving for hire or reward
Bad driving
Location (e.g. near a school)
Heavy traffic or nearby pedestrians
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 net weekly income is more than £120 then your net weekly income is your "relevant weekly income." Where there is no information then the court should proceed on the basis of an assumed relevant weekly income of £440. The Starting Point is before credit for a guilty plea - usually up to one-third off following an early guilty plea.
DETERMINING THE FINE
Calculate 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 with full credit:
Fine Band A - the most likely fine is N x ⅓ and the sentencing range is N x ⅙ to N x ½
Fine Band B - the most likely fine is N x ⅔ and the sentencing range is N x ½ to N x ⅚
Fine Band C - the most likely fine is N and the sentencing range is N x ⅚ to N x 7/6
HIGH INCOME OFFENDERS
Where an offender is in receipt of very high income, a fine based on a proportion of relevant weekly income may be disproportionately high when compared with the seriousness of the offence. In such cases, the court should adjust the fine to an appropriate level; as a general indication, in most cases the fine should not exceed 75% of the maximum fine.
PROSECUTION COSTS & VICTIM SURCHARGE
The prosecuting authority normally asks for £110 following a guilty plea at the first hearing. Further, there is an additional surcharge equal to 40% of the fine.
'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.