Criminal record

[JSK]

if i were to recieve a speeding ticket which i were to challenge in court and lose, would i then recieve a criminal record? - is it true that if you dont challenge it you dont receive a criminal record??

[JudgeJ]

Essentially only courts can record convictions (which give you a criminal record), impose prison sentences, community penalties, fines and discharges. If you are accused of speeding you will very often be given the opportunity to accept a �fixed penalty� (�60 and three points). If you accept this offer, you pay a penalty not a fine and you do not have a conviction registered against you.

However, this is purely semantics because the effect upon the individual is the same. They must declare the penalty when applying for motor insurance or driving jobs (the documentation usually refers to �convictions or fixed penalties�) and the points count for the purposes of the �totting up� procedure.

If, on the other hand, you are not offered a fixed penalty but are summonsed (because, for example, you were travelling at a speed so high that a fixed penalty is deemed inappropriate) the case will be heard in court. If you do not attend to enter a plea the case will be heard in your absence and, if the magistrates are satisfied with the evidence against you, they will convict you.

This is a �proper� conviction and as such gives you a criminal record. (Motoring offences are �criminal� offences, although the minor examples are viewed as less serious than �proper� criminal offences).

[JSK]

Thank you for taking the time to write back JJ, much appreciated and very clear.

JSK

[samaritan]

Despite the previous answer you have been given which is detailed and almost right, you will not receive a criminal conviction if you are found guilty of speeding. Depending on your speed, 99% of the time you will be given the same amount of points if found guilty- although you will be given a heavier fine and probably have to pay court costs.
The distinction is that speeding and most -although not all- traffic matters are not classified as 'criminal offences', they are dealt with by traffic courts and are 'per se' not crimes.

The previous respondent is absolutely right when he says that you will have to declare your conviction but it is most definately not a 'criminal conviction'.

I am a traffic cop and have come across this situation many times, and have attended court many times for numerous motoring offences, it is only the most serious ones such as causing death by dangerous driving etc that are recording as crimes.

These are not arbitrary but apply nationwide (not Scotland) and are classified according to rules laid down by the Home Office.A criminal offence is a completely different ball game to a traffic conviction and it is a separate 'criminal offence' not to declare it to your insurance company so that you receive better or more favourable terms (The offence is called obtaining a pecuniary advantage).

My advice is that you should always declare a speeding conviction when required to do so, but it categorically is not a criminal conviction.

[JudgeJ]

It�s semantics, again, samaritan. Minor traffic offences (other than fixed penalties) are prosecuted by the CPS and convictions are registered against those who are found or who plead guilty. What various agencies do with these records, and how they classify them depends upon the agency and the use they are putting the information to. I appreciate that there is a distinction (in the eyes of the police) between minor traffic offences and more serious criminal offences. I also appreciate that the police may keep motoring records separate from more serious criminal records. Nonetheless, motoring offences are criminal offences (as opposed to being civil matters) and a conviction results in a criminal record.

[samaritan]

Thanks Judge, semantics aside there is a clear distinction. Criminal offences are quite simply not traffic offences as I stated, there is a clear distinction and for the purposes of convictions in this country, the Home Office classify what is a crime and what is not. Your well made point is right and can- i suppose - be illustrated by the non payment of a TV Licence; a conviction at court gives you a criminal record- despite the fact that not having a TV licence is not a crime.
In essence, declare all but most people who need to know for insurance/employment and other legitimate purposes would not necessarily treat a speeding conviction the same as that for assault or burglary.
Thanks for the point of view- I suppose that's what we log on for!

Samaritan

[JudgeJ]

I think we're almost in agreement, samaritan !!!