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 a camera, the registered keeper of the vehicle will usually receive a Notice of Intended Prosecution requiring them to identify the driver. 

Providing false information in response to this notice is where criminal liability arises. 

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 
• Providing false driver details to avoid a driving ban 

These actions are considered deliberate attempts to mislead the authorities, which can amount to perverting the course of justice. 

Even if the underlying offence is minor, the act of deception itself is treated as a serious criminal matter.

What Is the Sentence for Perverting the Course of Justice?

Perverting the course of justice carries extremely 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 

Recent guidance indicates that sentences may range from community orders to several years’ imprisonment, depending on the circumstances

Typical Sentences in Motoring Cases

Even where the underlying offence is a speeding offence, courts frequently impose custodial sentences. 

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 

The courts emphasise the importance of deterring motorists from attempting to avoid penalty points through deception.

How Police Investigate Penalty Point Fraud

Investigations often begin when inconsistencies appear in driver nomination forms. 

Modern investigations may involve: 

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

Authorities may also compare travel records, vehicle use patterns and digital evidence to determine who was actually driving at the time of the offence. 

Because technology and investigative techniques have advanced significantly, attempts to conceal the true driver are increasingly likely to be detected.

Possible Defences to Allegations

Every case depends on its specific facts. 

Potential defence arguments may include: 

Lack of Intent

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

Mistaken Identity

The accused may genuinely have believed that another person was driving. 

Insufficient Evidence

The prosecution must prove the offence beyond reasonable doubt. 

Procedural Issues

Errors in the investigation or prosecution process may affect the case. 

A detailed review of the evidence is essential to identify the most appropriate defence strategy. 

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 or have been contacted by the police.