Under s. 170 of The Road Traffic Act 1988 [1] drivers have a duty to stop, report and give information or documents after an accident, it states:
(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—
personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
damage is caused—
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or (ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or (iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.
(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
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Failure to stop after an accident
Any driver of a mechanically propelled vehicle on a road or other public place which is involved in an accident must stop, and if required to do so by any person who has reasonable grounds for so requiring, give their name, address and identification marks of the vehicle. If they are not the legal owners of the vehicle they must also give the name and address of the owner of the vehicle.
A driver must stop at the scene of any accident and remain there for a sufficient time to enable any person who has a reasonable ground for doing so to request all required details from the driver. A driver does not have to wait indefinitely and does not have to make enquiries at the scene in order to find out if there is anyone entitled to the statutory information.
Any driver who does not stop after an accident as outlined above will be guilty of an offence.
DVLA Endorsement Code - AC10
DVLA offence code AC10 (failing to stop after an accident) will be endorsed on the driving licence of anyone convicted of this offence. The endorsement must remain on a driving licence for a period of 4 years from the date of offence.
The maximum penalty for this offence is a level 5 fine and/or 6 months imprisonment
Disqualification is discretionary and endorsement is obligatory with 5 - 10 penalty points
If for any reason the driver of a mechanically propelled vehicle that is involved in an accident fails to give their name, address and identification marks of the vehicle to any person who has reasonable grounds for so requiring, they MUST report the accident at a police station OR to a police constable as soon as is reasonably practicable and in any event they must report the accident within 24 hours of the accident occurring.
A driver must report the accident at a police station or to a police constable in person. A telephone report is not acceptable. A driver must also produce their certificate of insurance at the time of reporting the accident, however, if this is not possible they can produce it within seven days at a police station which can be specified at the time of reporting the accident.
Any driver who does not report an accident when required to do so, as outlined above, will be guilty of an offence.
DVLA Endorsement Code - AC20
DVLA offence code AC20 (failing to give particulars or to report an accident within 24 hours) will be endorsed on the driving licence of anyone convicted of this offence. The endorsement must remain on a driving licence for a period of 4 years from the date of offence.
The maximum penalty for this offence is a level 5 fine and/or 6 months imprisonment
Disqualification is discretionary and endorsement is obligatory with 5 - 10 penalty points
Triable: Only summarily Maximum: Unlimited Fine and/or 6 months
Step 1
Determining the offence category
The court should determine the offence category:
Category 1 - Higher culpability and greater harm
Category 2 - Higher culpability and lesser harm OR lower culpability and greater harm
Category 3 - Lower culpability and lesser harm
The court should determine the offender's culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.
CULPABILITY demonstrated by one or more of the following:
Factors indicating higher culpability
Offence committed in circumstances where a request for a sample of breath, blood or urine would have been made had the offender stopped
Offence committed by offender seeking to avoid arrest for another offence
Offender knew or suspected that personal injury caused and/or left injured party at scene
Giving false details
Factors indicating lower culpability
All other cases
HARM demonstrated by one or more of the following:
Factors indicating greater harm
Injury caused
Significant damage
Factors indicating lesser harm
All other cases
Step 2
Starting point and category range
Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below.
Must endorse and may disqualify. If no disqualification impose 5 - 10 penalty points
Extend disqualification if imposing immediate custody
Starting point applies to all offenders irrespective of plea or previous convictions
Level of seriousness
Starting Point
Range
Disqualification/points
Category 1
High level community order
Low level community order - 26 weeks custody
Disqualify for 6 - 12 months (Extend if imposing immediate custody) OR 9 - 10 penalty points
Starting point: High level community order Range: Low level community order - 26 weeks custody Disqualification/points: Disqualify for 6 - 12 months (Extend if imposing immediate custody)OR 9 - 10 penalty points
Category 2
Starting point:Band C Fine Range:Band B Fine - Medium level community order Disqualification/points: Disqualify up to 6 months OR 7 - 8 penalty points
The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.
Factors increasing seriousness
Statutory aggravating factors
Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
Offence committed whilst on bail
Other aggravating factors
Little or no attempt made to comply with duty
Evidence of bad driving
Failure to comply with current court orders
Offence committed on licence or post sentence supervision
Factors reducing seriousness or reflecting personal mitigation
No previous convictions or relevant/recent convictions
Good character and/or exemplary conduct
Remorse
Reasonably believed identity known
Genuine fear of retribution
Significant attempt made to comply with duty
Age and/or lack of maturity where it affects the responsibility of the offender
Serious medical condition requiring urgent, intensive or long-term treatment
Mental disorder or learning difficulty
Sole or primary carer for dependent relatives
Step 3
Consider any factors which indicate a reduction, such as assistance to the prosecution
The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Step 4
Reduction for guilty pleas
The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and guilty plea guidelines.
Step 5
Totality principle
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the offences taken into consideration and totality guidelines.
Step 6
Compensation and ancillary orders
In all cases, the court should consider whether to make compensation and/or other ancillary orders including disqualification from driving.
Step 7
Reasons
Section 17 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.
Step 8
Consideration for time spent on bail
The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003.
