Driving above the legal speed limit is a criminal offence in the UK. If a driver is detected exceeding the speed limit by a speed camera or stopped by a police officer, the situation can be handled in several different ways depending on the circumstances.

For less serious offences, drivers may receive a verbal warning or be offered the opportunity to attend a Speed Awareness Course. In many cases, however, a Fixed Penalty Notice (FPN) will be issued, which typically involves a £100 fine and three penalty points added to the driver’s licence. In more serious situations, the matter may be referred to court. If that happens, the penalties can be significantly higher and may include a larger fine, additional penalty points or, in some cases, a driving disqualification. Courts generally consider imposing a ban when the speed recorded is well above the legal limit.

You can review the official guidance on sentencing and penalties here:

Sentencing Guidelines

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/

Speeding Penalties

https://www.gov.uk/speeding-penalties

Speed Awareness Courses

In certain circumstances, drivers may be offered the option of attending a Speed Awareness Course instead of receiving penalty points. Eligibility for this type of course depends on the individual police force and the details of the offence.

As a general guide, many forces consider offering a course where the speed falls within the range of 10% plus 2 mph up to 10% plus 9 mph above the posted speed limit. This is not guaranteed, however, and the decision ultimately rests with the police.

Speed Limits and Police Discretion

Legally speaking, any amount above the posted speed limit constitutes an offence. For example, travelling at 31mph in a 30mph zone or 71mph on a motorway exceeds the limit and is technically unlawful.

In practice, the National Police Chiefs’ Council (NPCC) has issued guidance recommending a tolerance of “10% plus 2 mph” to allow officers to exercise discretion. It is important to note that this is only guidance and not a legal entitlement, meaning drivers can still be prosecuted even for relatively small excess speeds.

Notice of Intended Prosecution (NIP)

If a speeding offence is detected by a camera rather than a roadside stop, the police normally have 14 days to send a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle. The 14-day period begins on the day after the alleged offence took place.

The NIP will outline the details of the alleged speeding offence and will usually be accompanied by a Section 172 notice, which requests the name and details of the driver at the time of the incident.

Regardless of whether you agree with the allegation, the Section 172 notice must normally be completed and returned within 28 days. Failing to respond is itself a separate offence known as Failing to Provide Driver Information, which carries a financial penalty and six penalty points.

Where a driver has been stopped at the roadside, the police officer may give a verbal notice of intended prosecution instead. In these circumstances a written NIP may not be required. A written NIP may also not be necessary if the offence occurred in connection with a road traffic collision.

Fixed Penalty Notices

Once the driver has been identified through the Section 172 process, the police may issue a Conditional Offer of a Fixed Penalty Notice. This normally allows the driver to resolve the matter by paying the fine and accepting the penalty points.

If the fixed penalty is ignored or if the driver chooses to dispute the allegation, the case will usually be referred to the magistrates’ court for prosecution.

Drivers then have two main options: accept the penalty or challenge the allegation in court.

Challenging a Speeding Allegation

To secure a conviction, the prosecution must prove the key elements of the offence beyond reasonable doubt. These include proving:

• the identity of the driver
  
• that the individual was driving a motor vehicle
  
• that the vehicle was being driven on a public road or in a public place
  
• that the speed exceeded the legal limit
  

If the prosecution cannot establish any one of these elements, the case cannot succeed.

Arguments such as not intending to speed, not noticing the speed limit, or only exceeding the limit briefly will not normally provide a defence. However, there may still be valid legal grounds for challenging a speeding allegation in certain circumstances.

For example, some cases have been successfully contested because of procedural issues, such as missing information, incorrect details on a Notice of Intended Prosecution, or other administrative errors. These technical points should always be carefully reviewed when considering whether to challenge a speeding allegation.

Penalty Points and Driving Records

If a driver is convicted of a speeding offence, penalty points will remain recorded on their driving licence for four years from the date of the offence. However, they are only counted towards the totting up process for three years.

Accumulating too many points within that period may result in a separate disqualification under the totting-up rules.

Getting Legal Advice

If you have been accused of speeding, it is sensible to consider your options carefully before making a decision about how to proceed. Whether you plan to accept the penalty or challenge the allegation, seeking professional legal advice can help you understand the possible outcomes and the best strategy for your situation.

Motoring offences can involve complex procedural rules, and in some cases there may be potential defences or technical issues that are not immediately obvious. Taking advice early can help ensure that you make an informed decision about how to deal with the allegation.