What guidance her Department has issued on whether Magistrates Courts in England and Wales can revert back to a conditional offer of £100 Fine and 3 Penalty Points rather than using the Sentencing Guidelines (Speeding Offences) when (a) mitigation is taken into account and (b) such a reversion is justified.
In the case of a driver who breaks the speed limit, they may be given a fixed penalty notice with a £100 fine and three penalty points on their licence, or they may be summoned to Court.If the person wants to plead not guilty, they will have to go to court to contest the charge, at which point the sentencing guidelines will apply. If the driver is then found guilty in court, they may have to pay a higher fine (depending on what the speed limit was and how much over the limit they were driving). They can also be disqualified from driving or have their licence suspended.Sentencing guidelines provide courts with guidance on factors that should be considered, which may affect the sentence given. The Council is independent of Parliament and Government. As an independent body, the Council decides on its own priorities and work plan for producing guidelines.All sentencing courts in England and Wales must follow any sentencing guidelines which are relevant to the offender’s case unless it is in the interest of justice not to do so. Courts must give reason when departing from the guidelines.