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Failing to Stop for the Police

Failing to stop after an accident on the road is a serious offence in UK law. If you do not exchange details or report a road traffic accident, you could find yourself being interviewed by the police and may ultimately be prosecuted.

If you are being accused of failing to stop after an accident, you should seek expert legal advice from a solicitor experienced in this area of law, as soon as possible. This way, your solicitor can ensure that you achieve the best possible outcome for your circumstances.

Understanding sentences

The maximum sentence for failing to stop for an accident or not reporting it, is an unlimited fine and/or 6 months in prison.

If you am accused

You should seek legal advice from a lawyer experienced in this area of law, as soon as possible. This way, you can get the advice and support you need to help you achieve the best possible outcome for your circumstances.

What does the law say about failing to stop after an accident?

If an accident on the road results in damage or injury, the driver must stop and make a reasonable attempt to exchange details with the other driver. If someone’s property is damaged as a result of the accident, the driver should also make a reasonable attempt to exchange details with the owner of the property.

If it is not possible to exchange details at the time of the accident, the driver must report what has occurred to the police, less than 24 hours after the event.

Section 170 of the Road Traffic Act 1988 describes these offences.

What happens if I fail to report an accident?

Failing to report an accident is also an offence. Although it is a separate offence to failing to stop after an accident, it often happens that people are charged with both offences at the same time.

Which court deals with failing to stop/report an accident?

Both of these offences are triable summarily only. This means that they are dealt with in a magistrates’ court.

What is the sentence for failing to stop/report an accident?

The maximum sentence for failing to stop for an accident or not reporting it, is an unlimited fine and/or 6 months in prison.

How does the court decide on the sentence for failing to stop/report an accident?

The court will first assess the offence category:

Category 1 – Higher culpability and greater harm

Category 2 – Higher culpability and lesser harm or lower culpability and greater harm

Category 3 – Lower culpability and lesser harm

Factors which indicate higher culpability include:

  • The offence was committed by someone who was seeking to avoid arrest for a different offence
  • The request for a sample of blood, breath or urine would have been made if the offender had stopped
  • The offender either suspected or knew that they had caused injury and/or had left the injured person at the scene of the accident
  • The offender gave false details

Factors which indicate greater harm include:

  • Significant damage was caused by the offender
  • Injury was caused by the offender

Once the court has determined the offence category, it can then refer to the corresponding starting point sentence.

The starting point sentence for each category is as follows:

Category 1 – High level community order

Category 2 – Band C fine

Category 3 – Band B fine

The court also has the ability to disqualify or give points, depending on the offence category:

Category 1 – 6 -12 months disqualification or 9-10 points

Category 2 – disqualification for up to 6 months or 7-8 points

Category 3 – 5-6 points

The court can then adjust the starting point sentence depending on any aggravating or mitigating factors.

What are the aggravating factors for failing to stop/report an accident?

Aggravating factors are characteristics which can increase the seriousness of the offence and the sentence.

Aggravating factors for failing to stop/report an accident include:

  • Previous convictions
  • Evidence of bad driving
  • No (or little) attempt made to comply with duty
  • Failing to comply with any current court orders

What are the mitigating factors for failing to stop/report an accident?

Mitigating factors are characteristics which can reduce the seriousness of the offence and the sentence.

Mitigating factors for failing to stop/report an accident include:

  • No previous convictions
  • Offender shows remorse
  • There was a genuine fear of retribution
  • The offender made a significant attempt to comply with duty

Are there any defences to failing to stop/report an accident?

If you are charged with failing to stop after an accident or failing to report it, there are potential defences available.

For example, if you did not know that the accident had happened (and the court is satisfied that this is the case), this could be a defence. Equally, if you stopped at the scene of the accident but could not exchange details with anyone else involved and left after a reasonable period of time had passed, this could be a defence to the offence of failing to stop after an accident.

What happens if I give the police false details?

If you knowingly provide the police with false details in an attempt to evade penalty points for a motoring accident/offence, you could be charged with perverting the course of justice.

This is a very serious offence which is only heard in the Crown Court. Being found guilty of perverting the course of justice could result in a prison sentence.

What will happen if I ignore a speeding ticket?

If you do not respond to a speeding ticket or notice of intended prosecution (NIP) that you receive, you will probably receive a court summons.

If you fail to return a NIP within its 28-day timeframe – or do not complete it correctly – you will be committing the offence of failing to provide the details of a driver, contrary to the Road Traffic Act 1988, Section 172. This may result in you being given a fine of up to £1000 and penalty points.

What should I do if I am accused of failing to stop/report an accident?

If you are accused of failing to stop after an accident or failing to report it, you should seek legal advice from a lawyer experienced in this area of law, as soon as possible. This way, you can get the advice and support you need to help you achieve the best possible outcome for your circumstances.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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