How many points for not having motor insurance

Magistrates Sentencing Guidelines 2003

Driving with no insurance - Road Traffic Act 1988 s.143

Must endorse 6-8 points If deliberate consider disqualification Maximum penalty: Level 5 - £5,000

Private Commercial NGP NGP 6pp £225 £315 7pp £360 £500 8pp £540 £750

Aggravating factors -

Deliberate Use in course of trade-business No reference to insurance ever having been held

Mitigating factors -

Accidental oversight Accidental failure to renew Genuine mistake Recently expired cover Responsibility for ensuring cover with another Insurance held but clearly not covering the driver or use Misled by another's error Smaller vehicle e.g. moped

Focus on Offender

i) After having decided the level of seriousness of the offence, the court must consider giving the offender a discount where he or she has entered a timely guilty plea. The actual amount of the discount is a matter for the court's discretion but should normally be one third if the plea is entered at as early a stage in the proceedings as possible, though less than one third if the plea is entered at a later stage. The court should then go on to consider and take into account any matters which in its opinion, are relevant personal mitigation relating to the offender (e.g. age, health, co-operation with the police, voluntary compensation etc.) The sentence may be reduced to reflect this mitigation.

j) If a fine is appropriate:

(i) What do the guidelines suggest as a 'thinking point'? Remember that the 'thinking point' for a fine is based upon an offender of average means and previous good character being sentenced for an offence of average seriousness.

(ii) Is the offence one of average seriousness? Aggravating factors will increase seriousness and thus the fine and mitigating factors will do the opposite.

(iii) What fine reflects the seriousness of the offence bearing in mind the factors at 4(a) to (g)? The level of fine e.g. level 1, level 2 etc. applicable to every offence is set out in the guidelines and the levels in monetary terms are shown on page 6 of the penalty guidelines.

(iv) Take into account any mitigating factors personal to the offender which would justify a reduction in the fine.

(v) Look at the financial circumstances of the offender. A means form is sent to every offender who is prosecuted for an offence and he-she is expected to fill this in before coming to court, or pleading guilty by letter. Make sure you ask to see the means form in every case where you are considering imposing a financial penalty. You must always enquire into an offender's means before fixing the amount of any financial penalty.

(vi) Try to create an equal impact on offenders of different means.

If the offender's means:

(a) are low and he-she is in receipt of state benefit and at subsistence level, you should consider reducing the fine by up to two thirds;

(b) are above average, you should consider multiplying the amount by up to two;

(c) are very high, you should consider multiplying the amount by up to three.

NB1: Consult your Clerk as to current average earnings in the locality. NB2: A fine should be capable of payment within a maximum of twelve months, but preferably within six months from imposition. (See the guide to the buttessment of a fine on page 6).