Bikers beware! This could get expensive!!
There is a looming change to the way in which speeders will be penalised, and this will not only affect the points applied to your licence and any prison sentance that you maybe due, as well as the fine that you will look at facing.
The main change to the law seems to be about how the fine will now be dependent on your income, so you will be fined a higher % of your weekly income (this will not affect ‘timid’ speeders with a fixed penalty points & fine)…..meaning those that have a higher income, will feel the sting as much as those with lower income – at least that’s the picture that they would like to paint. The reality in fact is those who have lower income, will feel this considerably more than the rich, with huge sums of savings!
Maybe thats the point and will actually affect the numbers of speeders every year? If you can’t afford to speed, maybe you wont !?!? or is this just another way to milk that age old cash cow?!?!
This will be coming into effect from: – 24.04.17
Be sure to spread this around!
Will this slow you down when you’re out on a bimble, or do you believe your riding to be safe and considerate regardless of the speed you’re going?
This change will affect those who are in court facing more serious speeding charges.
Steps 1 and 2 – Determining the offence seriousness
The starting point applies to all offenders irrespective of plea or previous convictions.
|Speed limit (mph)||Recorded speed (mph)|
|20||41 and above||31 – 40||21 – 30|
|30||51 and above||41 – 50||31 – 40|
|40||66 and above||56 – 65||41 – 55|
|50||76 and above||66 – 75||51 – 65|
|60||91 and above||81 – 90||61 – 80|
|70||101 and above||91 – 100||71 – 90|
|Sentencing range||Band C fine||Band B fine||Band A fine|
|Points / disqual||Disqualify 7 – 56 days OR 6 points||Disqualify 7 – 28
days OR 4 – 6 points
- Must endorse and may disqualify. If no disqualification impose 3 – 6 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:
- Offence committed on licence or post sentence supervision
- Poor road or weather conditions
- Driving LGV, HGV, PSV etc.
- Towing caravan/trailer
- Carrying passengers or heavy load
- Driving for hire or reward
- Evidence of unacceptable standard of driving over and above speed
- Location e.g. near school
- High level of traffic or pedestrians in the vicinity
Factors reducing seriousness or reflecting personal mitigation
- No previous convictions or no relevant/recent convictions
- Good character and/or exemplary conduct
- Genuine emergency established
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 the Guilty Plea guideline.
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 guideline.
Step 6 – Compensation and ancillary orders
In all cases, the court should consider whether to make compensation and/or other ancillary orders.
Step 7 – Reasons
Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.
Approach to offenders on low income
An offender whose primary source of income is state benefit will generally receive a base level of benefit (for example, jobseeker’s allowance, a relevant disability benefit or income support) and may also be eligible for supplementary benefits depending on his or her individual circumstances (such as child tax credits, housing benefit, council tax benefit and similar). In some cases these benefits may have been replaced by Universal Credit.
If relevant weekly income were defined as the amount of benefit received, this would usually result in higher fines being imposed on offenders with a higher level of need; in most circumstances that would not properly balance the seriousness of the offence with the financial circumstances of the offender. While it might be possible to exclude from the calculation any allowance above the basic entitlement of a single person, that could be complicated and time consuming.
Similar issues can arise where an offender is in receipt of a low earned income since this may trigger eligibility for means related benefits such as working tax credits and housing benefit depending on the particular circumstances. It will not always be possible to determine with any confidence whether such a person’s financial circumstances are significantly different from those of a person whose primary source of income is state benefit.
For these reasons, a simpler and fairer approach to cases involving offenders in receipt of low income (whether primarily earned or as a result of benefit) is to identify an amount that is deemed to represent the offender’s relevant weekly income.
While a precise calculation is neither possible nor desirable, it is considered that an amount that is approximately half-way between the base rate for jobseeker’s allowance and the net weekly income of an adult earning the minimum wage for 30 hours per week represents a starting point that is both realistic and appropriate; this is currently £120. The calculation is based on a 30 hour working week in recognition of the fact that many of those on minimum wage do not work a full 37 hour week and that lower minimum wage rates apply to younger people.
With effect from 1 October 2014, the minimum wage is £6.50 per hour for an adult aged 21 or over. Based on a 30 hour week, this equates to approximately £189 after deductions for tax and national insurance. To ensure equivalence of approach, the level of jobseeker’s allowance for a single person aged 18 to 24 has been used for the purpose of calculating the mid point; this is currently £57.90. The figure will be updated in due course in accordance with any changes to benefit and minimum wage levels.