Speeding is the most common driving offence in England and Wales, and in most cases will be dealt with through a Fixed Penalty Notice (FPN) that comes with a £100 fine and three points on your licence. However, for more serious offences, or those where speeding is an aggravating factor, the penalties can be much more severe and include a driving ban or even a custodial sentence.

The Magistrates’ Court follows specific sentencing guidelines to maintain a consistent approach to dealing with speeding offences. These guidelines categorise offences into different bands based on the difference between the legal speed limit and how fast you were driving, alongside other factors. With that said, there are also defences and mitigating circumstances that may apply to individual cases and reduce the risk of the most severe penalties being applied.

At JMW, we provide expert representation to help motorists navigate these legal structures and protect their driving licences. Here, our expert speeding solicitors outline how speeding fines and other penalties work according to the sentencing guidelines, and how raising a defence or presenting mitigation can minimise penalties and ensure that they are not overly harsh.

How Are the Sentencing Guidelines for Speeding Used?

Sentencing guidelines are the starting point for every court hearing involving a speeding allegation. When a case goes to the Magistrates' Court, the offence is assigned to one of three bands - Band A, Band B and Band C - depending on the speed at which you were travelling, and by how much it exceeded the limit. The band of an offence dictates the appropriate sentence, including the number of penalty points, the length of any driving ban, and any financial penalty that is imposed.

The court follows the sentencing guidelines for speeding unless it would be contrary to the interests of justice to do so, and the range of possible penalties is strictly defined to prevent arbitrary punishments. These guidelines set out the penalties available and guide the court’s decision based on the severity of the offence, from the minimum penalty to a more serious sentence. A solicitor can put forward mitigation and explain any factors that may affect the court’s decision.

How Do the Penalty Bands for Speeding Offences Work?

The tiered approach to categorising the severity of speeding offences aims to ensure that someone driving slightly over the speed limit is not punished as harshly as someone driving grossly in excess of the legal speed limit. In practical terms, however, the circumstances of different limits and different vehicles can be unique, and it is vital to seek support from a solicitor to protect your rights if you are summoned to court for an alleged offence.

The court calculates speeding fines based on the offender's ability to pay, using their relevant weekly income. When you go to court, you are required to provide details of your weekly income, which does not only include your salary but any other income that could be used to pay the fine. The level of the fine depends on the band your offence falls into.

Band A speeding offences

Band A is the least severe category, and a Band A offence is typically among the most minor speeding offences. These penalties usually apply to drivers of a motor vehicle whose speed exceeds the limit by up to 10mph. While the National Police Chief's Council suggests that police should allow for a margin of 10% of the speed limit plus 2 mph, this is only a recommendation and driving at even 1 mph above the speed limit can result in a Band A offence.

If a driver is caught speeding at a level that falls into Band A, the sentencing range usually results in three penalty points on their licence and a fine. Most such offences are dealt with through an FPN, which is a conditional offer of three penalty points and a £100 fine, which is the minimum penalty for speeding. Accepting a fixed penalty notice allows you to avoid a court hearing and the application of the Magistrates’ Court sentencing guidelines.

However, in some cases you will need to attend court for a Band A offence. If you refuse to accept the FPN, you will have the opportunity to mount a defence in court. If a driver already has nine or more penalty points on their licence, they must go to court rather than receiving an FPN, because the additional points would trigger a 'totting up' disqualification.

According to the sentencing guidelines, the starting point for a Band A fine that is issued in court is 50% of the driver's relevant weekly income, though this can range from 25% to 75%.

Band B speeding offences

Serious speeding offences fall into Band B. This category applies when the recorded speed significantly exceeds the maximum speed for that road, usually by up to 20 mph. For a Band B offence, the court considers either four to six penalty points or a driving disqualification lasting between seven and 28 days. The financial penalty increases here. The guidelines suggest a fine of 100% of weekly income, with a range of 75% to 125%. When serious speeding offences are heard in court, the court has discretion to choose between points or a ban based on the circumstances.

Band C speeding offences

Very serious speeding offences are categorised under Band C. These involve driving grossly in excess of the legal limit - if a driver is recorded at over 50 mph in a zone with a 30 mph speed limit, they will face Band C penalties. In these cases, the court typically imposes six penalty points or a driving ban of seven to 56 days, or longer driving disqualifications if the speed is deemed 'grossly excessive'. The starting point for fines for these very serious speeding offences is 150% of weekly income, ranging from 125% up to 175%.

Beyond these formal penalties, a speeding conviction often leads to increased insurance premiums. For those in certain professions, a conviction can also cause employment issues if a clean driving licence is a job requirement. Some countries require the disclosure of criminal convictions, which includes court-sentenced speeding offences, and this could cause travel restrictions. As such, there are serious implications beyond the sentencing guidelines that can affect other aspects of your life.

What Happens When You are Caught Speeding?

The legal process usually begins when the registered keeper of a vehicle receives a notice of intended prosecution (NIP) and a section 172 notice. Under the Road Traffic Regulation Act, the police force must serve this notice to the registered owner of the vehicle within 14 days of the alleged offence. If an officer stops a driver at the roadside, they might give a verbal warning or a physical notice of intended prosecution there and then.

The registered keeper must return the section 172 notice to identify who was driving at the time of the speeding offence. Failure to identify the driver is often a more serious offence than the speeding itself, and carries six penalty points. As such, it is vital to respond to a NIP promptly to avoid receiving a court summons and a much more severe sentence in many cases.

Once the police force receives the NIP and identifies the driver, they choose one of three paths:

1. Offer a speed awareness course
2. Issue a fixed penalty notice
3. Initiate a court summons (often via the Single Justice Procedure)

If the offence committed was minor, the police are more likely to offer an awareness course or a fixed penalty. A speed awareness course is an alternative to penalty points and a fine that is open if the driver has not attended a speed awareness course in the three years preceding the current offence. Choosing the awareness course means the driver does not receive any points on their licence and does not have to go to court.

However, if the recorded speed was much higher, a court appearance is required. Usually, this is because the recorded speed has pushed the case into Band B or Band C of the sentencing guidelines, but these are not the only circumstances in which a court summons may be issued. A driver must have their case heard in the Magistrates’ Court if:

• The driver already has too many penalty points on their licence
• The driver wishes to plead not guilty and contest the speeding allegation
• The driver is a new driver at risk of licence revocation

The law is stricter for those who have recently passed their driving test. If a new driver within the first two years of passing their first driving test accumulates six or more penalty points, their driving licence is automatically revoked. This means just two minor speeding offences, or one more serious speeding offence, can result in the loss of your licence and a requirement to retake both the theory and practical driving tests.

Many speeding cases are now handled via the Single Justice Procedure. Drivers receive a notice in the post and must declare whether they plead guilty or plead not guilty. If they plead guilty, a single magistrate decides the sentence without the driver needing to attend court. The speeding fines detailed above remain possible sentences in these cases. However, if the magistrate is considering an instant ban, they usually require the driver to attend court for a full hearing.

Can You Contest a Speeding Offence in the Magistrates' Court?

If you believe you were not speeding or that the evidence is flawed, you can plead not guilty. However, if you have received an FPN and contest the offence in court, bear in mind that you could face stricter penalties.

To successfully contest a speeding ticket, JMW will challenge evidence presented by the Crown Prosecution Service, and raise mitigating factors to have charges dropped or minimise any sentence that is imposed.

• Incorrect notice of intended prosecution details: Errors regarding the time, date or location can cause a prosecution to fail.
• Inadequate road signs: If there were no road signs indicating a change in the speed limit or if the signs were obscured, this could serve in your defence.
• Device inaccuracy: Questioning the reliability of the speed camera or the way the police officer operated it can call evidence into question.

If a driver is found guilty after a trial, the court can impose a higher fine and more penalty points than if they had entered an early guilty plea. Therefore, the decision to plead not guilty follows careful consideration of the evidence.

Could Mitigating Factors or Special Reasons Protect My Driving Licence?

If you plead guilty or are found guilty, your solicitor will present mitigating factors to the Magistrates’ Court to reduce the severity of the sentence. The sentencing guidelines allow the court to consider:

• An early guilty plea, which reduces the fine by up to one-third.
• A clean driving record with no previous convictions for driving offences.
• Evidence that the speeding was for a very short distance travelled.
• In very limited circumstances, a genuine emergency is considered a 'special reason' not to endorse a licence with points. This requires proof that the driver was driving to save a life or prevent immediate serious harm, and that no other reasonable alternative existed.

A genuine emergency is not simply being late for an appointment; it must be a life-or-death situation. If the court accepts a special reason, the driver may be found guilty of the offence but receive no points on their licence.