Road Traffic Regulation Act 1984, s.89(1)
Effective from: 24 April 2017
The starting point applies to all offenders irrespective of plea or previous convictions.
|Speed Limit (mph)||Recorded Speed|
|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/disqualification||Disqualify 7-56||Disqualify 7-28||3 points|
|Fine Band A||50% of Relevant Weekly Income||25-75% of Relevant Weekly Income|
|Fine Band B||100% of Relevant Weekly Income||75-125% of Relevant Weekly Income|
|Fine Band C||150% of Relevant Weekly Income||125-175% of Relevant Weekly Income|
|Fine Band D||250% of Relevant Weekly Income||200-300% of Relevant Weekly Income|
|Fine Band E||400% of Relevant Weekly Income||300-500% of Relevant Weekly Income|
|Fine Band F||600% of Relevant Weekly Income||500-700% of Relevant Weekly Income|
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:
Other aggravating factors:
Factors reducing seriousness or reflecting personal mitigation
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.
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.
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.
Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.