The following guidelines are issued by the Sentencing Guidelines Council and cover offences for which sentence is frequently imposed in a magistrates court when dealing with adult offenders. They apply to allocation (mode of trial) decisions and to sentences imposed on or after 4 August 2008 and replace the guidelines effective from 1 January 2004.
These are the guidelines for which magistrates must take into account and refer too when sentencing offenders.
Offences can either be tried summarily which means they can only be heard in the magistrates court or they can be either way offences which means magistrates may find that their sentencing powers are insufficient and indict the case to crown court.
The majority of drink driving offences are summary only offences which can only be tried in a magistrates court. Only the most serious offences such as where there is evidence of dangerous driving or there is a death involved are indicted to crown court.
A sentence needs to:
- Protect the public
- Punish the offender fairly and appropriately
- Encourage the offender to make amends for their crime/s
- Contribute to crime reduction by stopping re-offending
Unfit through drink or drugs
(drive/attempt to drive) |
Road Traffic Act 1988, s.4(1) |
Triable only summarily:
Maximum: Level 5 fine and/or 6 months imprisonment
- Must endorse and disqualify for at least 12 months
- Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years
- Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years
If there is a delay in sentencing after conviction, consider interim disqualification
Note: the final column below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence. |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
Disqualification |
Disqual: 2nd offence in 10 years |
Evidence of moderate level of
impairment and no aggravating
factors |
Band C fine |
Band C fine |
12 - 16 months |
36 - 40 months |
Evidence of moderate level of
impairment and presence of one
or more aggravating factors listed
below |
Band C fine |
Band C fine |
17 - 22 months |
36 - 46 months |
Evidence of high level of
impairment and no aggravating
factors |
Medium level
community order |
Low level
community order
to high level
community order |
23 – 28 months |
36 - 52 months |
Evidence of high level of
impairment and presence of one
or more aggravating factors listed
below |
12 weeks custody |
High level
community order to
26 weeks custody |
29 - 36 months |
36 - 60 months |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. LGV, HGV, PSV etc.
2. Poor road or weather conditions
3. Carrying passengers
4. Driving for hire or reward
5. Evidence of unacceptable standard of driving
Factors indicating greater degree of harm:
1. Involved in accident
2. Location e.g. near school
3. High level of traffic or pedestrians in the vicinity |
Factors indicating lower culpability
1. Genuine emergency established *
2. Spiked drinks *
3. Very short distance driven *
* even where not amounting to special reasons |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Decide sentence
Give reasons
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Excess alcohol (drive/attempt
to drive) |
Road Traffic Act 1988, s.5(1)(a) |
Triable only summarily:
Maximum: Level 5 fine and/or 6 months imprisonment
- Must endorse and disqualify for at least 12 months
- Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years
- Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years
If there is a delay in sentencing after conviction, consider interim disqualification
Note: the final column below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence. |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Level of alcohol |
Starting point |
Range |
Disqualification |
Disqual: 2nd offence in 10 years |
| Breath(mg) |
Blood(ml) |
Urine(ml) |
|
|
|
|
| 36 - 59 |
81 - 137 |
108 - 183 |
Band C fine |
Band C fine |
12 - 16 months |
36 - 40 months |
| 60 - 89 |
138 - 206 |
184 - 274 |
Band C fine |
Band C fine |
17 - 22 months |
36 - 46 months |
| 90 - 119 |
207 - 275 |
275 - 366 |
Medium level
community order |
Low level
community order
to high level
community order |
23 – 28 months |
36 - 52 months |
120 - 150
and above |
276 - 345
and above |
367 - 459
and above |
12 weeks custody |
High level
community order to
26 weeks custody |
29 - 36 months |
36 - 60 months |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. LGV, HGV, PSV etc.
2. Poor road or weather conditions
3. Carrying passengers
4. Driving for hire or reward
5. Evidence of unacceptable standard of driving
Factors indicating greater degree of harm:
1. Involved in accident
2. Location e.g. near school
3. High level of traffic or pedestrians in the vicinity |
Factors indicating lower culpability
1. Genuine emergency established *
2. Spiked drinks *
3. Very short distance driven *
* even where not amounting to special reasons |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider offering drink/drive rehabilitation course
Consider ancillary orders, including forfeiture or
suspension of personal liquor licence
Decide sentence
Give reasons
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Excess alcohol (in charge) |
Road Traffic Act 1988, s.5(1)(b) |
Triable only summarily:
Maximum: Level 4 fine and/or 3 months
Must endorse and may disqualify. If no disqualification, impose 10 points |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Level of alcohol |
Starting point |
Range |
| Breath(mg) |
Blood(ml) |
Urine(ml) |
|
|
| 36 - 59 |
81 - 137 |
108 - 183 |
Band B fine |
Band B fine
10 points |
| 60 - 89 |
138 - 206 |
184 - 274 |
Band B fine |
Band B fine
10 points
OR
Consider disqualification |
| 90 - 119 |
207 - 275 |
275 - 366 |
Band C fine |
Band C fine to medium level community order
Consider disqualification up to 6 months
OR
10 points |
120 - 150
and above |
276 - 345
and above |
367 - 459
and above |
Medium level community order |
Low level community order to 6 weeks custody
Disqualify 6 - 12 months |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. LGV, HGV, PSV etc.
2. Ability to drive seriously impaired
3. High likelihood of driving
4. Driving for hire or reward |
Factors indicating lower culpability
1. Low likelihood of driving |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders, including forfeiture or
suspension of personal liquor licence
Decide sentence
Give reasons
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Unfit through drink or drugs
(in charge) |
Road Traffic Act 1988, s.4(2) |
Triable only summarily:
Maximum: Level 4 fine and/or 6 months imprisonment
- Must endorse and may disqualify. If no disqualification, impose 10 points
|
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
Evidence of moderate level of
impairment and no aggravating
factors |
Band B fine |
Band B fine
10 points |
Evidence of moderate level of
impairment and presence of one
or more aggravating factors listed
below |
Band B fine |
Band B fine
10 points or consider disqualification |
Evidence of high level of
impairment and no aggravating
factors |
Band C fine |
Band C fine to medium level community order
10 points or consider disqualification |
Evidence of high level of
impairment and presence of one
or more aggravating factors listed
below |
High level community order |
Medium level community order to 12 weeks custody
Consider disqualification OR 10 points |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability
1. LGV, HGV, PSV etc.
2. High likelihood of driving
3. Driving for hire or reward |
Factor indicating lower culpability
1. Low likelihood of driving |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Decide sentence
Give reasons
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Fail to provide specimen for analysis (drive/attempt to drive) |
Road Traffic Act 1988, s.7(6)) |
Triable only summarily:
Maximum: Level 5 fine and/or 6 months imprisonment
- Must endorse and disqualify for at least 12 months
- Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years
- Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years
If there is a delay in sentencing after conviction, consider interim disqualification
Note: the final column below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence. |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
Disqualification |
Disqual: 2nd offence in 10 years |
| Defendant refused test when had honestly held but unreasonable excuse |
Band C fine |
Band C fine |
12 - 16 months |
36 - 40 months |
Deliberate refusal or deliberate
failure |
Low level community order |
Band C fine to high level community order |
17 - 28 months |
36 - 52 months |
Deliberate refusal or deliberate
failure where evidence of serious
impairment |
12 weeks custody |
High level community order to 26 weeks custody |
29 - 36 months |
36 - 60 months |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. Evidence of unacceptable standard of driving
2. LGV, HGV, PSV etc.
3. Obvious state of intoxication
4. Driving for hire or reward
Factors indicating greater degree of harm:
1. Involved in accident |
Factors indicating lower culpability
1. Genuine but unsuccessful attempt to provide specimen |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Decide sentence
Give reasons
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Fail to provide specimen for analysis (in charge) |
Road Traffic Act 1988, s.7(6) |
Triable only summarily:
Maximum: Level 4 fine and/or 3 months
Must endorse and may disqualify. If no disqualification, impose 10 points |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
| Defendant refused test when had honestly held but unreasonable excuse |
Band B fine |
Band B fine
10 points |
| Deliberate refusal or deliberate failure |
Band C fine |
Band C fine to medium level community order
Consider disqualification
OR
10 points |
| Deliberate refusal or deliberate failure where evidence of serious impairment |
Medium level community order |
Low level community order to 6 weeks custody
Disqualify 6-12 months |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability
1. Obvious state of intoxication
2. LGV, HGV, PSV etc.
3. High likelihood of driving
4. Driving for hire or reward |
Factor indicating lower culpability
1. Genuine but unsuccessful attempt to provide specimen
2. Low likelihood of driving |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders
Decide sentence
Give reasons
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FAIL TO CO-OPERATE WITH PRELIMINARY ROADSIDE BREATH TEST |
Road Traffic Act 1988, s.6(6) |
Triable only summarily:
Maximum: Level 3 fine
Must endorse and may disqualify. If no disqualification, impose 4 points |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors |
Factors indicating higher culpability:
1. LGV, HGV, PSV etc.
2. Poor road or weather conditions
3. Carrying passengers
4. Driving for hire or reward
5. Evidence of unacceptable standard of driving
Factors indicating greater degree of harm:
1. Involved in accident
2. Location e.g. near school
3. High level of traffic or pedestrians in the vicinity |
Factors indicating lower culpability
1. Genuine emergency established *
2. Spiked drinks *
3. Very short distance driven *
* even where not amounting to special reasons |
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Decide sentence
Give reasons
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| |
Other motoring offences sentencing guidelines
Careless driving
(driving without due care and attention) |
Road Traffic Act 1988, s.3 |
Triable only summarily:
Maximum: Level 5 fine
- Must endorse and may disqualify. If no disqualification, impose 3-9 points
|
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
| Momentary lapse of concentration or misjudgement at low speed |
Band A fine |
Band A fine
3-4 points |
Loss of control due to speed, mishandling or
insufficient attention to road conditions, or carelessly turning right across on-coming traffic |
Band B fine |
Band B fine
5-6 points |
| Overtaking manoeuvre at speed resulting in collision of vehicles, or driving bordering on the dangerous |
Band C fine |
Band C fine
Consider disqualification OR 7-9 points |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. Excessive speed
2. Carrying out other tasks while driving
3. Carrying passengers or heavy load
4. Tiredness
Factors indicating greater degree of harm:
1. Injury to others
2. Damage to other vehicles or property
3. High level of traffic or pedestrians in vicinity
4. Location e.g. near school when children are likely to be
present |
Factor indicating lower culpability:
1. Minor risk
2. Inexperience of driver
3. Sudden change in road or weather conditions |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ordering disqualification until appropriate driving test passed
Consider ancillary orders, including compensation
Decide sentence
Give reasons
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Causing death by careless or inconsiderate driving |
Road Traffic Act 1988, s.2B |
Triable either way:
Maximum when tried summarily: Level 5 fine and/or 6 months
Maximum when tried on indictment: 5 years |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
Careless or inconsiderate driving arising from
momentary inattention with no aggravating factors |
Medium level community order |
Low level community order to high level community order |
| Other cases of careless or inconsiderate driving |
Crown court |
High level community order to crown court |
| Careless or inconsiderate driving falling not far short of dangerous driving |
Crown Court |
Crown Court |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability
1. Other offences committed at the same time, such as
driving other than in accordance with the terms of a
valid licence; driving while disqualified; driving without
insurance; taking a vehicle without consent; driving a
stolen vehicle
2. Previous convictions for motoring offences, particularly
offences that involve bad driving
3. Irresponsible behaviour, such as failing to stop or falsely
claiming that one of the victims was responsible for the
collision
Factors indicating greater degree of harm
1. More than one person was killed as a result of the offence
2. Serious injury to one or more persons in addition to the
death(s) |
Factor indicating lower culpability
1. Offender seriously injured in the collision
2. The victim was a close friend or relative
3. The actions of the victim or a third party contributed to
the commission of the offence
4. The offender’s lack of driving experience contributed
significantly to the likelihood of a collision occurring and/
or death resulting
5. The driving was in response to a proven and genuine
emergency falling short of a defence |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders, including disqualification and deprivation of property
Decide sentence
Give reasons
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Causing death by driving: unlicensed, uninsured or disqualified |
Road Traffic Act 1988, s.3ZB |
Triable either way:
Maximum when tried summarily: Level 5 fine and/or 6 months
Maximum when tried on indictment: 2 years |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
The offender was unlicensed or uninsured – no
aggravating factors |
Medium level community order |
Low level community order to high level community order |
| The offender was unlicensed or uninsured plus at least 1 aggravating factor from the list below |
26 weeks custody |
High level community order to crown court |
The offender was disqualified from driving
OR
The offender was unlicensed or uninsured plus 2 or more aggravating factors from the list below |
Crown Court |
Crown Court |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. Previous convictions for motoring offences, whether
involving bad driving or involving an offence of the
same kind that forms part of the present conviction (i.e.
unlicensed, disqualified or uninsured driving)
2. Irresponsible behaviour such as failing to stop or falsely
claiming that someone else was driving
Factors indicating greater degree of harm:
1. More than one person was killed as a result of the offence
2. Serious injury to one or more persons in addition to the
death(s) |
Factor indicating lower culpability:
1. The decision to drive was brought about by a proven and
genuine emergency falling short of a defence
2. The offender genuinely believed that he or she was
insured or licensed to drive
3. The offender was seriously injured as a result of the
collision
4. The victim was a close friend or relative |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders, including disqualification and deprivation of property
Decide sentence
Give reasons
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Dangerous driving |
Road Traffic Act 1988, s.2 |
Triable either way:
Maximum when tried summarily: Level 5 fine and/or 6 months
Maximum when tried on indictment: 2 years
- Must endorse and disqualify for at least 12 months. Must order extended re-test
- Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or
more in preceding 3 years
If there is a delay in sentencing after conviction, consider interim disqualification |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
| Single incident where little or no damage or risk of personal injury |
Medium level community order |
Low level community order to high level community order
Disqualify 12-18 months |
Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area OR
Single incident where little or no damage or risk of personal injury but offender was disqualified driver |
12 weeks custody |
High level community order to 26 weeks custody
Disqualify 15-24 months |
Prolonged bad driving involving deliberate disregard for safety of others
OR
Incident(s) involving excessive speed or showing
off, especially on busy roads or in built-up area, by disqualified driver
OR
Driving as described in box above while being pursued by police |
Crown Court |
Crown Court |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. Disregarding warnings of others
2. Evidence of alcohol or drugs
3. Carrying out other tasks while driving
4. Carrying passengers or heavy load
5. Tiredness
6. Aggressive driving, such as driving much too close
to vehicle in front, racing, inappropriate attempts to
overtake, or cutting in after overtaking
7. Driving when knowingly suffering from a medical condition
which significantly impairs the offender’s driving skills
8. Driving a poorly maintained or dangerously loaded
vehicle, especially where motivated by commercial
concerns
Factors indicating greater degree of harm:
1. Injury to others
2. Damage to other vehicles or property |
Factor indicating lower culpability:
1. Genuine emergency
2. Speed not excessive
3. Offence due to inexperience rather than irresponsibility
of driver |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders, including disqualification and deprivation of property
Decide sentence
Give reasons
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Drive whilst disqualified |
Road Traffic Act 1988, s.103 |
Triable only summarily:
Maximum: Level 5 fine and/or 6 months
Must endorse and may disqualify. If no disqualification, impose 6 points |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
| Full period expired but retest not taken |
Low level community order |
Band C fine to medium level community order
6 points or disqualify for 3-6 months |
| Lengthy period of ban already served |
High level community order |
Medium level community order to 12 weeks custody
Lengthen disqualification for 6-12 months beyond expiry of current ban |
| Recently imposed ban |
12 Weeks custody |
High level community order to 26 weeks custody
Lengthen disqualification to 12-18 months beyond expiry of current ban |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. Never passed test
2. Planned long-term evasion
3. Vehicle obtained during ban
4. Driving for remuneration
Factors indicating greater degree of harm:
1. Distance driven
2. Evidence of associated bad driving
3. Offender caused accident |
Factor indicating lower culpability:
1. Defendant not present when disqualification imposed and
genuine reason why unaware of ban
2. Genuine emergency established |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders, including deprivation of property
Decide sentence
Give reasons
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Fail to stop/report an accident |
Road Traffic Act 1988, s.170(4) |
Triable only summarily:
Maximum: Level 5 fine and/or 6 months
Must endorse and may disqualify. If no disqualification, impose 5 – 10 points |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
| Minor damage/injury or stopped at scene but failed to exchange particulars or report |
Band B fine |
Band B fine
5-6 points |
| Moderate damage/injury or failed to stop and failed to report |
Band C fine |
Band C fine
7-8 points
Consider disqualification |
| Serious damage/injury and/or evidence of bad driving |
High level community order |
Band C fine to 26 weeks custody
Disqualify 6-12 months
OR
9-10 points |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability
1. Evidence of drink or drugs/evasion of test
2. Knowledge/suspicion that personal injury caused
(where not an element of the offence)
3. Leaving injured party at scene
4. Giving false details |
Factor indicating lower culpability
1. Believed identity known
2. Genuine fear of retribution
3. Subsequently reported |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders, including compensation
Decide sentence
Give reasons
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No insurance |
Road Traffic Act 1988, s.143 |
Triable only summarily:
Maximum: Level 5 fine
Must endorse and may disqualify. If no disqualification, impose 6-8 points |
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty |
| Examples of nature of activity |
Starting point |
Range |
| Using a motor vehicle on a road or other public place without insurance |
Band C fine |
Band C fine
6 points - 12 months disqualification |
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
|
Factors indicating higher culpability:
1. Never passed test
2. Gave false details
3. Driving LGV, HGV, PSV etc.
4. Driving for hire or reward
5. Evidence of sustained uninsured use
Factors indicating greater degree of harm:
1. Involved in accident
2. Accident resulting in injury |
Factor indicating lower culpability:
1. Responsibility for providing insurance rests with another
2. Genuine misunderstanding
3. Recent failure to renew or failure to transfer vehicle details
where insurance was in existence
4. Vehicle not being driven |
|
Magistrates must:
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed) see note
Consider ancillary orders
Decide sentence
Give reasons
Back to list of drink drive offences
Top of page |
For more information on sentencing guidelines, fine bands, sentencing for multiple offences and ancillary orders please visit SGC - Sentencing Guidelines Council, Magistrates Court Sentencing Guidelines [online]. Available from http://www.sentencing-guidelines.gov.uk. © Crown Copyright 2013.
NOTE: Reduction in sentence for early guilty plea
Defendants who plead guilty can benefit from a reduction in the sentence they receive based on the stage of proceedings at which their willingness to admit guilt was indicated. The reduction will be gauged on a sliding scale as follows:
1) A guilty plea at the first reasonable opportunity should result in at least a recommended one third off any sentence imposed
2) A guilty plea after a trial date has been set should result in at least a recommended one quarter off any sentence imposed
3) A guilty plea
'at the door of the court' or after the trail has begun should result in at least a recommended one tenth off any sentence imposed
The reduction awarded for an early guilty plea applies to the punitive elements of the sentence only, it has no impact on ancillary orders including the length of any disqualification to be imposed.
I have been charged with drink driving and am now on bail, what does this mean exactly?
What should I do in preparation for my drink driving court case?
What will happen on the day of my drink driving court case and what should I do?
What is a pre sentence report?
What sentences are available for magistrates to impose for drinking and driving?
What is a community order?
What is a compulsory unpaid work requirement?
What is a curfew requirement?
What is a supervision requirement?
What is an alcohol treatment requirement?
Can I appeal against my sentence or conviction?
How long does a drink driving endorsement stay on my driving licence?
How long does a drink driving conviction stay on my record?
Will my drink driving conviction show up on a DBS check (previously known as a CRB check)? and do I have to disclose my conviction(s) to potential employers?
I have been charged with drink driving and am now on bail, what does this mean exactly?
Bail can be granted by either a court of law or the police. Where bail is granted, a person is released from custody until the next date when they have been instructed to attend court or the police station. Any body released on bail will be given a bail sheet containing this information. It is an offence not to attend on the date instructed and any person who does not attend on the given date will be in breach of bail. Breach of bail is a criminal offence and people who breach bail may be prosecuted for this offence alongside the original offence/s. An arrest warrant is usually issued for anyone who breaches bail and doesn't attend the court or the police station on the given date.
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What should I do in preparation for my drink driving court case?
You should:
- Consult with a solicitor as soon as possible. You will then be able to instruct the solicitor to act on your behalf during your drink driving court case or at the very least have the facts of your case and all evidence against you examined. You may be able to get a legal aid solicitor, if not you will have to retain a private solicitor. You could also represent yourself at court or use the services of a duty solicitor on the day of your court case (free of charge), however the time a duty solicitor can spend on your case will be very limited and will depend on their workload.
- You should decide if you are going to plead guilty or not guilty, a solicitor can also advise you on this matter. If you intend to plead guilty then obtaining character references off members of the community (friends, colleagues and family) is always a good idea. They should refer to your character, work ethic, community involvement and achievements. They should be addressed to 'The Presiding Magistrate' and should note that the referee is aware of the specific offence with which you are charged. A letter to the judge from yourself may not be a bad idea either.
- You should find out which court you have to appear at and how to get there. Courts do not take kindly to people who turn up late.
See our Guide to appearing at Magistrates Court for Drink Driving offences
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What will happen on the day of my drink driving court case and what should I do?
You should:
- Arrive on time. Usually this is before 9.45am, however your solicitor may have arranged to meet and consult with you earlier than this. DO NOT ARRIVE LATE, it shows disrespect to the court.
- Show respect to the court and presiding magistrates by dressing smartly and being polite and courteous towards them. It also helps if you are genuinely remorseful as this will show.
- Bring your driving licence with you as the chances are you will be getting a driving ban and your driving licence will be taken from you.
On your first appearance in court you will normally be asked to enter your plea of 'guilty' or 'not guilty'. If you plead 'not guilty' then the court case will be adjourned until a future date where you will stand trial.
If you plead 'guilty' or are found guilty after a trial then you may:
- Receive your sentence immediately; or
- Be remanded in custody and summoned to return to the courts for sentencing at a later date; or
- Be released on bail to return to the courts for sentencing at a later date.
Either way you will have to surrender your driving licence to the courts (if you have not already done so) and will more than likely be subject to an interim driving ban which means you are effectively banned from driving as from that date and any driving ban you may receive at a later date will run from that date.
When magistrates adjourn sentencing to a later date it is usually because they have requested a pre sentence report to be carried out, they also usually tell you what kind of sentence they are considering imposing on you.
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What is a pre sentence report?
When deciding what sentence to impose, magistrates have to take into account the facts of the case and the circumstances of the offender. A pre-sentence report is carried out by a probation officer and is an impartial report assessing the offenders background, reasons for offending and risk to the public. It also assesses the offenders suitability for various sentencing options the court may be thinking of imposing.
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What sentences are available for magistrates to impose for drinking and driving?
Magistrates can impose the following sentences for drinking and driving:
Imprisonment is used for more serious offences and repeat offenders. The seriousness of the offence depends on lots of factors including but not limited to: the level of the alcohol reading, whether or not any accident occurred, whether or not any damage was caused to property and/or anybody was injured, whether or not the offender has previous convictions.
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What is a community penalty order?
A community penalty order is an alternative to a custodial prison sentence. It can combine punishment with rehabilitation. There are a range of requirements available and requirements are often combined to make a bespoke community order which is relevant to a particular individual offender. The range of requirements available include:
Compulsory unpaid work requirement (aka Community Service)
The compulsory unpaid work requirement requires offenders to carry out unpaid work (between 40 and 300 hours) on projects that benefit the community and under close supervision. Offenders can be given individual placements such as working in a charity shop or a community care home. They can also be given group placements where a group will be supervised by an unpaid work supervisor. Group placements can involve tidying up local parks and beauty spots, painting and decorating community centres, cutting grass and various other tasks.
Unpaid work must be completed within 12 months of the sentence being imposed and will take place at least once a week for at least six and a half hours.
Curfew Requirement (Electronic Tagging)
The curfew requirement is a punishment and is similar to house arrest. An offender is instructed to stay indoors (usually at their home) between certain hours of the day i.e. 7pm until 7am. An electronic tag is attached to the offenders ankle or wrist and monitoring equipment is installed in the offenders home which alerts a monitoring service if the offender is absent during curfew hours.
Supervision Requirement
The supervision requirement requires the offender to attend appointments with an offender manager (probation officer) at their local probation office. The length of supervision and frequency of contact varies. The offender manager will work with the offender to ensure the risk of future offending is kept to a minimum. An offender manager may delegate supervision to another person who can provide the offender with specialised help, support and advice.
Alcohol treatment requirement
The alcohol treatment requirement provides access to tailored alcohol treatment programs that are aimed to reduce alcohol dependency. The offender must express a willingness to comply with the requirement and work at reducing their alcohol addiction.
Failure to comply with any requirements imposed may result in an offender appearing at court again for breaching their community order. The original sentence will then be reviewed and further punishments can be imposed and this includes imprisonment.
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Can I appeal against my sentence or conviction?
Yes. If the conviction is appealed against then there will be a re-trial at the crown court in front of a judge and two magistrates. If only the sentence is in dispute then it will be up to a crown court judge to consider your appeal. The judge may decide to increase the sentence, reduce it or leave it as it is.
Your solicitor can advise you on possible appeals of your sentence or conviction.
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How long does a drink driving endorsement stay on my DRIVING licenCe?
A drink driving endorsement will stay on your licence for a period of up to 11 years from the date of conviction. The exact time period it will remain on your driving licence for will depend on the particular offence you are convicted of. See below:
However, endorsements usually only affect your motor car insurance premiums for a period of 5 years from the date of conviction. List of other motoring related endorsements and offences.
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How long does a drink driving conviction stay on my record?
The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'.
A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention their conviction when applying for a job, or when involved in criminal or civil proceedings.
The length of the rehabilitation period depends on the sentence given - not the offence committed. For a custodial sentence. Custodial sentences of more than 2 1/2 years can never become spent.
SENTENCE |
REHABILITATION PERIOD |
| Imprisonment or detention in a young offender's institution (previously known as youth custody) between 6 months 2 1/2 years |
10 years |
| Imprisonment or detention in a young offender's institution (previously known as youth custody) of 6 months or less. |
7 years |
| A fine or any other sentence for which is a different rehabilitation period is not provided (e.g. a compensation or community service order, or a probation order received on or after 3rd February 1995). |
5 years |
| An absolute discharge |
6 months |
|
Except for an absolute discharge, all of the periods above are halved if the person
convicted was under 18 at the time.
The rehabilitation period for a driving ban is the length of the driving ban. However if another sentence is imposed (which is usually the case) such as a fine, community penalty order or imprisonment then the longer period of rehabilitation applies.
Click here to view The rehabilitation of Offenders Act 1974 in full.
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Will my drink driving conviction show up on a DBS check (previously known as a CRB CHECK) and do I have to disclose my conviction(s) to POTENTIAL employers?
The CRB (Criminal Records Bureau) is now known as the DBS (Disclosure and Barring Service)
CRB checks are now known as DBS checks
The Disclosure and Barring Service Website
Do you have to disclose any criminal conviction(s) to potential employers?
It will depend upon the job you are applying for, the level of disclosure required (if any) and whether or not your conviction is classed as 'spent' under The Rehabilitation of Offenders Act 1974 as to whether or not you need to disclose criminal convictions to potential employers. Please click here for details on rehabilitation periods.
If the job you are applying for is not classed as exempt and:
Your conviction(s) ARE NOT classed as 'spent'
If your drink driving conviction (or other criminal conviction(s)) ARE NOT classed as 'spent' and any potential employer asks you if you have any criminal convictions, you must disclose your conviction(s).
Your conviction(I) ARE classed as 'spent'
If your drink driving conviction (or other criminal conviction(s)) ARE classed as 'spent' then you do not usually have to disclose your conviction(s) to potential employers when applying for jobs. However, certain areas of employment are exempt The Rehabilitation of Offenders Act 1974 rules (see below).
RUN A BASIC CRIMINAL RECORD CHECK ON YOURSELF
APPLY FOR A BASIC DISCLOSURE LISTING ALL OF YOUR UNSPENT CONVICTIONS
If a job applicant has a criminal conviction that has become 'spent', any potential employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a 'spent' conviction is unlawful under the Rehabilitation of Offenders Act 1974 unless of course the job in question is exempt (see below).
Jobs that are exempt from The Rehabilitation of Offenders Act 1974
Jobs that are exempt usually require a DBS criminal record check to be carried out
Certain jobs are exempt from this rule and you will need to disclose both 'spent' and 'unspent' convictions. Jobs such as working in the close proximity of children and/or vulnerable adults are exempt from this rule as are other jobs including:
- Private security related work
- Armed forces: Navy, Army, RAF
- Certain posts in the prison service
- Certain posts in professions such as healthcare, law enforcement, law, police, judiciary, pharmacy and senior roles in banking
- Medical practitioner, barrister, advocate, chartered accountant, certified accountant, dentist, dental hygienist, dental auxiliary, veterinary surgeon, nurse, midwife, doctor, optician, teacher, osteopath, chiropractor, psychologist, actuary, lawyer, legal executive, home inspector, police officer, traffic wardens, prison officers, probation officers.
More information on jobs and professions that are exempt from the Rehabilitation of Offenders Act 1974
What is a DBS check (previously known as CRB check) and will my conviction(s) show up on a DBS check?
DBS checks are only available where an employer is entitled to ask an exempted question under The Exceptions Order to The Rehabilitation of Offenders Act 1974.
There are multiple umbrella bodies that can process DBS checks. You can search for a particular umbrella body here.
Employers can require, for certain positions, that successful applicants give their permission for a DBS check to be carried out. This involves the employer contacting the Disclosure and Barring Service for more information on an applicants criminal history. There are three types of disclosure:
- STANDARD DBS CHECK / DISCLOSURE: Standard DBS checks contain information about an individuals criminal history including any convictions, cautions, reprimands or warnings that are recorded on the police central database. Both 'spent' and 'unspent' convictions are revealed.
- ENHANCED DBS CHECK / DISCLOSURE: Enhanced DBS checks contain the same level of information as a standard DBS check in addition to any information that is held locally by police about an individual.
- ENHANCED DBS CHECK / DISCLOSURE & BARRED CHECK (child): This enhanced DBS check contains the same level of information as an enhanced DBS check alongside information form the DBS's children’s barred list. This level of check is relevant for individuals who are engaged in a regulated activity with children and a number of posts listed in the police act regulations (e.g. potential adoptive parents)
- ENHANCED DBS CHECK / DISCLOSURE & BARRED CHECK (adult): This enhanced DBS check contains the same level of information as an enhanced DBS check alongside information form the DBS's adults barred list. This level of check is relevant for individuals who are engaged in a regulated activity with adults and a number of posts listed in the police act regulations.
- ENHANCED DBS CHECK / DISCLOSURE & BARRED CHECK (adult and child): This enhanced DBS check contains the same level of information as an enhanced DBS check alongside information form the DBS's children’s and adults barred list. This level of check is relevant for individuals who are engaged in a regulated activity with both children and adults alongside a number of posts listed in the police act regulations.
More information on Disclosure and Barring (DBS) checks including cost and how long they take from GOV.UK
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