Tougher Punishments for Speeding Offences
Tougher punishments for the most serious speeding offences have come into force in England and Wales. The revised guidelines in the Magistrates’ Court Sentencing Guidelines come into effect from today (24 April 2017).
The Sentencing Council said it wanted a "clear increase in penalty" as the seriousness of offending increases. It said previous guidelines did not properly take into account the increase in potential harm that can result as speed above the limit rises.
Sentencing guidelines must be followed, unless a judge or magistrate feels it is not in the interests of justice to do so.
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.
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