When a vehicle is caught speeding or involved in another type of offence that is caught on camera or identified by an eyewitness, the registered keeper will receive a Section 172 notice that asks them to identify who was behind the wheel at the time of the offence. You have a legal obligation to identify the driver so that the police can prosecute them, and failing to provide driver details is an offence in its own right.

Some drivers, particularly those who have accumulated penalties points on their licences, are tempted to lie and identify someone else as the driver, to avoid receiving more points and facing a totting up ban (a mandatory 6-12 month driving disqualification when a driver receives 12 or more penalty points).

However, this could result in a much bigger legal issue than the initial driving offence. Lying about who was driving is perverting the course of justice, an offence that can lead to serious consequences and even a prison sentence in the most severe circumstances. 

There may have been legal defences available to the driver that could mean they are found not guilty of the original offence – incriminating yourself further is never helpful.

As such, you should contact a solicitor at your earliest opportunity if you are asked to identify yourself through a Section 172 notice and are concerned about potential penalties. The team at JMW specialises in defending drivers in these cases and can work to protect your licence. 

If you have been accused of lying about who was driving and perverting the course of justice, we can represent you in court proceedings and mount a strong defence. Here, we set out the legal responsibilities of drivers and registered keepers, the risks of lying about a driver's identity, the penalties for perverting the course of justice, and the legal defences that may be available.

What Is a Section 172 Notice?

A Section 172 issued under the Road Traffic Act 1988 puts a legal duty on the registered keeper of a vehicle that was caught speeding and means they must identify who was driving at the time or make their best effort to do so. This request normally arrives alongside a Notice of Intended Prosecution (NIP), which warns you that the police intend to prosecute the alleged offence. You have 28 days from the date the notice is served to provide the driver information requested. The duty to give correct details is yours as the keeper, whether or not you were the one driving, and you can face legal penalties for not doing so.

Failing to provide driver information is a separate offence under the Road Traffic Act. On conviction, it carries six penalty points and an unlimited fine, and the court can impose a driving ban for more serious offences. If you genuinely could not identify the driver - for example, because your vehicle was stolen - there may be a defence available to you. JMW advises on failure to provide driver details cases and can support your defence. However, it is important to respond truthfully to the Section 172 notice if you are able to do so.

In some cases, drivers attempt to lie about who was driving to protect their driving licence. A single speeding offence usually comes with a minimum of three penalty points and a fine. If a driver reaches 12 or more penalty points within three years they face a minimum six-month ban, or longer if the disqualification is not their first. For new drivers, the penalties are stricter - six points within your first two years of driving means your licence will be revoked, and you must pass new practical and theory tests before you will be able to drive again.

As such, drivers who have points on their licence already, or those who need to maintain a clean licence for their job or for insurance reasons may be tempted to lie about who was driving and let someone else take the penalty. However, this is considered perverting the course of justice, and a conviction for this offence comes with much stricter penalties than those for most driving offences.

What Happens if You Give False Information About a Driver's Identity?

Naming a false driver on a section 172 response, or agreeing to take the blame for someone else, is the common-law offence of perverting the course of justice. While it is not guaranteed that you will be charged by the Crown Prosecution Service, it is very likely in most cases where evidence supports a prosecution.

It is important to be aware that this does not just apply to the person who names someone else on the section 172 notice. If the other driver agrees to accept the blame, they are also committing an offence and could face similar or even more severe penalties.

Perverting the course of justice is triable only on indictment, which means it is dealt with in the Crown Court rather than the Magistrates' Court, and it carries a maximum sentence of life imprisonment. While this is extremely unlikely in cases of submitting false details on a section 172 notice, a custodial sentence is part of the sentencing range. As such, this carries much more serious penalties than speeding or other driving offences, and it is important to speak to a solicitor at your earliest opportunity if you have been accused of perverting the course of justice. There may be defences or mitigating factors that could minimise your risk of such a severe sentence.

What Are the Penalties for Perverting the Course of Justice?

If you are found guilty of perverting the course of justice in a Crown Court prosecution, the sentencing range is a community order – 7 years imprisonment. In the most serious cases, the maximum sentence is life imprisonment. 

You would receive a criminal record, and you may be asked to pay prosecution costs. 

In some cases, strong mitigating factors can reduce the sentence to a community order, so it is important to work with an experienced solicitor.

In comparison, the impact of a speeding offence or other minor motoring incident is relatively minor. These come with a sentence of three or more penalty points and a speeding fine. Often, they are dealt with by a conditional offer (3 points and a fine, or a speed awareness course) or in the Magistrates' Court. Occasionally, they will result in a driving disqualification. Further, there may be statutory defences available to a speeding ticket that can minimise your risk of facing any penalties.

It is always better to explore a defence to the original offence than to lie about who was driving the vehicle at the time.

Can You Avoid Penalty Points Without Lying About Who Was Driving?

The best response to a section 172 notice is to give the correct details and then deal with the underlying matter properly with the support of an experienced solicitor. JMW has a strong track record in defending speeding offences and other allegations. The police rely on photographic evidence and equipment records, and we can challenge this by examining whether speed limit signage was correct, the device was properly used, and the evidence identifies your vehicle.

Alternatively, if the police prove you were speeding or you decide to plead guilty, it may be possible to mitigate penalties and prevent totting up disqualifications. For example, it may be possible to argue exceptional hardship, which means demonstrating that a disqualification would cause hardship going well beyond the ordinary inconvenience of losing a licence. If the ban would have an outsized impact on your dependants, employees or business, the court has discretion not to disqualify, or to impose a shorter ban.

If you or a family member has been accused of perverting the course of justice, JMW can defend the case in the Crown Court and build the strongest possible defence for you based on the evidence.