Motoring offences

Elements of the offence

Each offence involves various elements that need to be proved to the court by evidence. All offences require an actus reus (the act) and mens rea (the state of mind) on the part of the offender.

Burden of proof

It will normally fall upon the Crown Prosecution Service to prove the matter against the offender, and the standard is to prove the case beyond reasonable doubt. For some matters the burden transfers to the defence — where it does, the standard of proof is the balance of probabilities.

How proceedings begin

Fixed penalty notices — some offences can be dealt with by way of a fixed penalty notice without a court appearance. If the offence is admitted and the driving licence is submitted to the police within the prescribed time, the defendant is fined and their licence endorsed with points.

Postal requisition — the majority of offences begin with a postal requisition (the newer name for a Magistrates’ Court summons), detailing the offence and the date and time of the court hearing. An option is usually given to plead guilty by post or enter a not guilty plea by post in the first instance.

Summons — the previous method of requiring attendance at court for a minor road traffic matter; a legal document detailing the offence and hearing date.

Charge — the police can arrest and charge a person involved in a motoring offence where they deem it necessary, for example when a name and address cannot be ascertained.

Types of offence

Summary only — offences that can only be dealt with in the Magistrates’ Court; normally the more minor matters such as speeding, driving without due care and attention, or failing to stop and report an accident.

Either way — offences that can be dealt with in the Magistrates’ Court or the Crown Court depending on seriousness, or where the defendant elects trial by jury — for example dangerous driving.

Indictable only — the most serious road traffic offences, which can only be dealt with in the Crown Court.

The courts

All road traffic cases, however serious, start in the Magistrates’ Court, where the bench normally comprises three lay magistrates or a District Judge. Either-way offences may be allocated to the Crown Court; indictable-only offences must be sent there. In the Crown Court a judge deals with all matters except trials, which are decided by a jury of twelve advised on the law by the judge.

Pleas and outcomes

You may be advised to plead guilty if the elements of the offence are made out or the offence is admitted; not guilty if the elements are not made out or the matter is denied; or to enter no plea where an either-way matter is unclear, evidence is missing, or representations are to be made to the Crown Prosecution Service about a more appropriate charge.

After a not guilty plea there will be a trial, where the court can acquit, convict, or — where the law allows — return an alternative verdict on a different offence.

Sentence

If you plead guilty or are convicted after trial, the court sentences by reference to the Sentencing Guidelines — including how many penalty points to impose, or whether to disqualify and for how long. The court should give credit for a guilty plea and take account of any personal mitigation.

Costs

If a privately paying individual is found not guilty, they may be able to claim some of their legal costs back. A company cannot make an application for costs even if acquitted.