We occasionally receive enquiries from motorists who ask (usually when they are at risk of totting up or having their licence revoked) whether someone else can take their speeding points. This article explains why that is never a good idea.
Can Someone Else Take Your Speeding Points?
No. A driver must not persuade or pay another person to accept penalty points for an offence they did not commit. Deliberately giving false driver information can lead to an allegation of perverting the course of justice; an offence far more serious than the original speeding matter and one for which imprisonment is possible.
Key points:
- A section 172 notice normally requires the recipient to identify the driver truthfully within 28 days.
- Failing to provide information and deliberately naming the wrong person are not the same thing.
- A planned attempt to transfer points may amount to perverting the course of justice, even if it does not succeed.
- Messages, payment records, photographs, video, vehicle data and other digital evidence may all be relevant.
What does a section 172 notice require?
When a vehicle is alleged to have been involved in a road traffic offence, the police may require information identifying the driver under section 172 of the Road Traffic Act 1988. The notice (usually a Notice of Intended Prosecution, otherwise known as a NIP), must be responded to within 28 days.
The response must be honest. The registered keeper may need to make reasonable enquiries where the identity of the driver is genuinely uncertain. That is very different from inventing a driver, agreeing to accept somebody else’s points or submitting information known to be false.
Is taking someone else’s penalty points a criminal offence?
Yes. Perverting the course of justice is a common-law offence committed where a person performs an act that has a tendency to interfere with the course of public justice and intends that result. The course of justice includes a police investigation; court proceedings do not need to have started.
The offence can be complete even where the attempt fails. It is tried in the Crown Court and carries a maximum sentence of life imprisonment. People can and do get sent to prison for this offence. Remember the high-profile case of the MP Chris Huhne and his ex-wife who were sent to prison for “point swapping”?
The current Sentencing Council guideline gives an offence range from a community order to seven years’ custody, depending on culpability, harm and the wider circumstances.
How is this different from failing to identify the driver?
Failing to comply with a lawful section 172 requirement is a separate statutory offence. A person may have a defence in defined circumstances; for example, a keeper of a vehicle who shows that they did not know and could not, with reasonable diligence, identify the driver. Whether that test is met depends on the evidence.
Knowingly supplying a false name is different. It is a positive attempt to divert an investigation and can expose everyone involved; not only the person facing the original speeding allegation, but also the person who agrees to take the points.
Can phone and vehicle data be used as evidence?
Yes. A road-traffic investigation is not limited to a speed-camera photograph. Depending on the case, the evidence may include mobile-phone messages, social-media posts, bank transfers, location data, CCTV, automatic number-plate recognition, in-car data and witness accounts.
What should you do if you receive a notice and are unsure who was driving?
Do not ignore the notice, guess or agree a version of events with somebody else. Check diaries, receipts, messages, work records and any available vehicle information, keep a record of the enquiries made and obtain specialist advice promptly if there is genuine uncertainty or a problem with the notice.
Frequently asked questions:
Can my partner take my speeding points?
No. A person must not knowingly accept points for an offence committed by somebody else. Deliberately giving false driver information may amount to perverting the course of justice.
What happens if I name the wrong driver by mistake?
An honest mistake is not automatically perverting the course of justice because that offence requires intent. The circumstances, the enquiries made and what the person knew will be important. Correct the position promptly and seek advice.
Can I ignore a section 172 notice if the photograph is unclear?
No. An unclear photograph does not itself remove the duty to respond. The notice usually requires information identifying the driver, and the keeper will need to exercise reasonable diligence.
Is perverting the course of justice always punished with prison?
No sentence is automatic. The Sentencing Council guideline covers outcomes from a community order to custody, but deliberately transferring penalty points is treated seriously and imprisonment is a real possibility.
Speak to Ashworth Motoring Law:
Ashworth Motoring Law specialise in a range of driving offences and can give you the best chance of lawfully avoiding a driving ban. Early intervention is essential. Contact Ashworth Motoring Law on 0330 33 22 770 for specialist representation and early advice.