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New sentencing for driving offences

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This was a letter in last weeks' Telegraph motoring section:

Judge dread

On August 4' date=' new mandatory sentencing guidelines come into force in magistrates' courts in England and Wales. These will apply to all offences sentenced on or after this date and magistrates, unlike previously, have a statutory duty to regard the guidelines. The level of fines relates directly to net weekly income (gross income less tax and national insurance). Where no income is disclosed, average weekly earnings of £350 will be assumed. As a consequence, a motorist with a net weekly income of, say, £500 can expect a fine in the range of £375-£625, with £500 being the usual starting point, if he appears in court for driving at 41mph in a 30mph zone. On top of that, he faces four to six penalty points or disqualification for one to four weeks. For a defective tyre, the guideline fine is likewise 75-125 per cent of net weekly income, up to a maximum of £2,500 plus three penalty points. This is for each defective tyre. In all cases, the fine may be reduced by up to a third for a "timely" guilty plea, and a victim surcharge (£15) plus costs will also be payable. Police will, of course, continue to have the option of issuing fixed penalty notices that take no account of income. I don't condone offences of any kind, motoring or otherwise, but the new sentencing regime will undoubtedly lead to much higher fines being imposed.[/i']

some other discussion here but its hard going:

So basically the intent is to make you take the fixed penalty where you can and avoid going to court.

Only coming up with this on the mainstream news so far:

refers to jailing rather than fining drivers.

I'll ask somebody I know who prosecutes traffic offences as it's the first I've heard of it.

If they apply this sh!te to premier league footballers then I'm all for it.

Edit: I didn't think that through, did I? Someone earning £50k a week isn't going to give a toss about a £50k fine.

  • Author
I'll ask somebody I know who prosecutes traffic offences as it's the first I've heard of it.

can't find much through google but htere's a coule of legal links in that other thread.

Nope but they will give a toss more than a £500 fine.

I mean £500 is one pair of shoes for their misses, can you imagine the rage from her when he says he has been fined 100 pairs of her shoes :rofl:

can't find much through google but there's a couple of legal links in that other thread.

I think she will know of any changes since she does the work in court, hence a good person to ask I hope :)

If they apply this sh!te to premier league footballers then I'm all for it.

Edit: I didn't think that through, did I? Someone earning £50k a week isn't going to give a toss about a £50k fine.

They are the sorts that can also afford a highly paid lawyer to get them off without charge as well. :thumbdwn:

It's yet another reason to become a lay-about scrownging off the state. :mad:

not heard of this, probably scaremongery.

not heard of this, probably scaremongery.

Er, no. It's all there in black and white (see my post above with the details).

So an unemployed person would be well advised not to pay any fixed penalty and let it go to court?

Er, no. It's all there in black and white (see my post above with the details).

but its all talk at the moment, wait till houses of commons start to discuss the bill.

but its all talk at the moment, wait till houses of commons start to discuss the bill.

Er, no again. To quote from the document 'These Guidelines are issued by the Sentencing Guidelines Council and...apply to allocation (mode of trial) decisions and to sentences imposed on or after 4 August 2008.'

So an unemployed person would be well advised not to pay any fixed penalty and let it go to court?

Yeah, well done Ladyboy et al, another well thought-through policy... :doh:

its ok to push people under trains though... you dont get half as much of a fine for that.

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Yeah, well done Ladyboy et al, another well thought-through policy... :doh:

No point fining the unemployed, they've got no money. Far more profitable to fine those with jobs and the self respect and dignity to pay off their fines. :rolleyes:

No point fining the unemployed, they've got no money. Far more profitable to fine those with jobs and the self respect and dignity to pay off their fines. :rolleyes:

Exactly right.

That's how we end up with a criminal underclass. They know that if they commit a crime they won't have to pay up because they have no job. Plus if they get sent down their fines get wiped clean.

I'm quite sure it's a career decision for many of them and yet the idiots in government think we should all pay more tax so we can give them more benefits or put more of them on incapacity benefit.

Basically we're up **** creek without a paddle :thumbdwn:

If they apply this sh!te to premier league footballers then I'm all for it.

Edit: I didn't think that through, did I? Someone earning £50k a week isn't going to give a toss about a £50k fine.

Was thinking about this last night. Considering the 'Where no income is disclosed, average weekly earnings of £350 will be assumed.' bit, surely the maximum fine that's ever going to be issued is £350. 'Cos if you earn more than that, you just refuse to hand over any payslips! And in the case of the super-rich, presumably even if the courts could force you to handover salary details, their accountants would ensure that their 'disclosed' income was no more than minimum wage! :doh:

Another nail in the coffin of this thoroughly-scrutinised policy... :rolleyes:

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