If you are stuck in such a situation, here is what to do.

Mr. Alex Baker, a resident of the fictional city of Northwood, was recently caught by a speed camera on a major motorway. As he already has several points on his driving licence, this new offence would likely result in a driving disqualification, which would severely impact his job. To avoid this, Mr. Baker offered his colleague, Mr. Charlie Dunn, a sum of money to falsely declare that he was the one driving the vehicle at the time of the offence. A mutual acquaintance, concerned about the severe legal repercussions for both individuals, is seeking to understand the risks involved to dissuade them from this course of action.

Advice in such cases

This practice, often referred to as “taking points,” is not a minor infraction. It is a serious criminal offence that strikes at the heart of the UK’s justice system. The act of lying to the authorities to protect another driver is known as Perverting the Course of Justice. The consequences are severe and can include a criminal record, substantial fines, and imprisonment for both the original driver and the person who agrees to take the points. It is strongly advised that anyone contemplating this, or being asked to participate, should refuse immediately. The financial incentive is trivial compared to the life-altering consequences of a criminal conviction.

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

While often starting with a traffic violation, the legal issues escalate significantly. The relevant laws include:

• Perverting the Course of Justice: This is a common law offence in the UK. It is an indictable-only offence, meaning it must be tried in the Crown Court, which has greater sentencing powers than a Magistrates’ Court. A conviction almost always carries a custodial sentence.
• Road Traffic Act 1988 (Section 172): This act requires the registered keeper of a vehicle to provide information as to the identity of the driver at the time of an alleged offence. Knowingly providing false information is a distinct offence in itself, which can lead to prosecution.

If you are the complainant

If you are aware of someone planning to commit this offence, such as the concerned friend in our scenario, you should strongly advise them of the grave risks. Explain that this is not simply “helping a friend out” but engaging in a criminal conspiracy. The potential for a prison sentence is very real. You can encourage them to withdraw from the arrangement. If they proceed, you have the option of reporting the matter to the police or anonymously through an organisation like Crimestoppers to prevent a serious crime from being committed.

If you are the victim

In this context, the “victim” can be seen as the person being pressured or paid to take the points. If you are in Mr. Dunn’s position, you must understand that you are not just accepting points; you are committing a crime. You face the same, if not more severe, penalties as the actual driver. A criminal record for an offence of dishonesty like this can impact your future employment, ability to travel to certain countries, and your reputation. No amount of money is worth this risk. You should refuse the offer and distance yourself from the situation.

How the police behave in such cases

The police and safety camera partnerships are well aware of this type of fraud and have robust systems to detect it. They do not take these matters lightly. Their investigation may include:

• Photographic Evidence Analysis: The primary evidence is the camera photograph. They will scrutinise it to see if the person in the photo matches the person who has accepted the points. Discrepancies in age, gender, or appearance are immediate red flags.
• Data Cross-Referencing: Investigators can check insurance databases to see if the nominated person was insured to drive the vehicle. They may also check employment records, social media, or ANPR data to verify the nominated driver’s location at the time of the offence.
• Thorough Investigation: If fraud is suspected, a full investigation will be launched, leading to interviews under caution for both the original driver and the nominee. This is treated as a serious criminal investigation, not a traffic matter.

FAQs people normally have

• Is it really that serious for just a speeding ticket?
  

  Yes. The underlying offence is not the speeding, but the deliberate act of deceiving the police and the courts. This undermines the rule of law, and the judiciary imposes harsh sentences to deter others. High-profile cases have resulted in prison sentences for public figures, setting a clear precedent.

  
  
• What if the person taking the points looks similar to the driver?
  

  While this might make initial detection harder, it is not a foolproof plan. Police have other investigative tools, and if the deception is uncovered later, the consequences will be the same. It is a significant and foolish gamble.

  
  
• Is a prison sentence guaranteed?
  

  While every case is judged on its own facts, a custodial sentence is a highly likely outcome for a conviction of Perverting the Course of Justice, even for individuals with no previous criminal record. The Sentencing Council guidelines treat this offence with utmost seriousness.

  
  

What evidence is required?

The Crown Prosecution Service (CPS) would need evidence to prove the offence. This typically includes:

• The original Notice of Intended Prosecution (NIP) and the returned form containing the false information.
• The photograph or video from the speed camera.
• Evidence that the nominated driver could not have been driving (e.g., an alibi, phone records, or proof they were elsewhere).
• Any communication between the parties discussing the arrangement (e.g., text messages, emails).
• Financial records showing payment from the driver to the nominee.

How long will the investigation take?

An investigation into Perverting the Course of Justice is complex and can be lengthy. It is not a quick process. It can take many months, sometimes over a year, for the police to gather all necessary evidence, conduct interviews, and for the CPS to make a final charging decision. This period of uncertainty can cause immense stress for all involved.

Advocate Sudhir Rao, Supreme Court of India