Motoring and Magistrates Court maximum fines set to soar
19th June, 2014
Motoring offenders could face a four-fold increase in fines after the Government put in place plans to boost the maximum fines which Magistrates Courts can hand down.
The change also brings in the prospect of potentially unlimited fines for companies or directors convicted of health and safety or environmental offences.
What has happened?
Justice Minister Jeremy Wright has said the increased level of maximum fines which Magistrates can impose is needed in order to act as an effective punishment for offenders and a deterrent to others.
The changes mean that the maximum penalty which Magistrates Courts can impose for offences such as motorway speeding may rise from the current £2,500 to £10,000.
Magistrates will also be able to impose unlimited fines for the first time for the most serious cases which Magistrates Courts can deal with, such as environmental or health and safety offences. At the moment, the maximum fine Magistrates can impose for these without referring cases to the Crown Court is £5,000.
Maximum fines are also proposed to rise for other offences, such as the sale of alcohol to a drunk person, from the current £1,000 to £4,000.
When will this be introduced?
Provisions to expand sentencing levels for Magistrates Court were contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Government is tabling the appropriate legislation to bring it into effect.
A confirmed date for when the changes come into effect has not yet been released but it is clear that the Government is determined to bring in the change during the remainder of this Parliament.
What effect will this have?
The introduction of a far higher ceiling for maximum fines may not necessarily result in all fines rising four-fold, but it does allow Magistrates much greater leeway and capacity to punish offenders.
Whilst there will still be the option to refer the most serious cases to the Crown Court, the changes may see Magistrates decide that they can deal with borderline cases themselves.
The prospect of unlimited fines for environmental and health and safety offences mean companies faced with such charges should consider securing expert legal advice at the earliest possible stage since conviction could result in potentially calamitous fines.
Those charged with motoring offences will also need to consider securing legal representation, especially with potential fines of up to £10,000.
How can Ward Hadaway help?
We have a long track record of working with individuals and companies facing motoring and regulatory charges and can provide representation and support at every stage of the process.
For more information about the issues raised in this update, please get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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