Taking Penalty Points for Someone Else: Is It Perverting the Course of Justice?

What Is Perverting the Course of Justice?

Perverting the course of justice is a common law criminal offence in England and Wales. 

The offence occurs when a person

• Does an act or engages in a course of conduct 
• That has a tendency to interfere with the administration of justice 
• And intends to do so. 

The offence is extremely broad and covers a wide range of conduct, including: 

• Destroying or concealing evidence 
• Making false allegations 
• Interfering with witnesses 
• Providing false information during a criminal investigation 
• Assisting someone to evade arrest 

Because the offence strikes at the integrity of the justice system, the courts treat it with particular seriousness. The maximum sentence is life imprisonment, although such sentences are rare and reserved for the most serious cases.

Why Taking Penalty Points for Someone Else Is Illegal

When a speeding or traffic offence is detected by camera, the registered keeper will usually receive a notice requiring them to identify the driver.

Providing false information in response to that request is where serious criminal liability may arise.

Common examples include: 

• A friend claiming to have been the driver when they were not
• A family member accepting penalty points to protect another driver
• Giving false driver details to avoid a driving ban

These actions may be treated as deliberate attempts to mislead the authorities.

Even if the original offence was minor, the deception itself can be far more serious than the motoring allegation.

What Is the Sentence for Perverting the Course of Justice?

Perverting the course of justice carries serious penalties.

The offence is triable only in the Crown Court, reflecting its seriousness.

Sentencing Guidelines

The courts consider several factors when deciding sentence, including: 

• The seriousness of the underlying offence 
• The level of planning involved 
• Whether an innocent person was implicated 
• The impact on the investigation 

The Sentencing Council guideline provides a range from community order to custody, depending on culpability and harm.

Typical Sentences in Motoring Cases

In cases involving false driver nominations, custody is a real risk.

In many cases involving false driver nominations: 

• Sentences of several months’ imprisonment are common 
• Suspended sentences may be imposed in less serious cases 
• Community orders may be considered in limited circumstances 

Each case turns on its own facts, and sentence will depend on the evidence, any guilty plea, mitigation and the seriousness of the conduct.

How Police Investigate Penalty Point Fraud

Investigations may begin when inconsistencies appear in driver nomination forms or accounts given to police.

Modern investigations may involve: 

• ANPR and CCTV evidence 
• Mobile phone location data 
• Social media activity 
• Witness statements 
• Forensic document analysis 

Police may compare accounts, vehicle movements and other evidence to establish who was actually driving at the time.

Because these cases often involve allegations of deliberate dishonesty, early legal advice is important if you are contacted by police or asked to attend an interview.

Possible Defences to Allegations

Every case depends on its facts and evidence.

Potential defence arguments may include: 

Lack of Intent

The prosecution must prove that the accused intended to pervert the course of justice.

Mistaken Identity

A person may have genuinely believed that another person was driving. The issue will depend on the evidence and the steps taken to check.

Insufficient Evidence

The prosecution must prove the offence beyond reasonable doubt. Any gaps or inconsistencies in the evidence may be important.

Procedural Issues

Errors in the investigation or prosecution process may affect how the case is approached.

A detailed review of the evidence is essential before deciding how to respond.

How a Criminal Defence Solicitor Can Help

Allegations of perverting the course of justice are extremely serious and require specialist legal representation. 

An experienced criminal defence solicitor can: 

• Analyse the evidence against you 
• Identify weaknesses in the prosecution case 
• Advise on plea strategy 
• Represent you in the Crown Court 
• Present mitigation to reduce the risk of custody where appropriate 

Early legal advice is particularly important if you are under investigation, have been contacted by police, or believe false information may have been provided.