Understanding Magistrates' Court Procedures for Speeding Offences
If your speeding case goes to Magistrates' Court, it's important to understand what to expect and how the process works. This guide walks you through the key stages, from how penalties are decided to what mitigation might help reduce your sentence.
How Does the Court Decide on Penalties?
The Court takes several factors into account when deciding your penalty, including:
- The seriousness of the offence (i.e., how far over the limit you were)
- Your previous driving record
- Any personal mitigation you submit
- Aggravating circumstances, such as driving near a school
- Your financial situation, assessed via the MC100 Statement of Means
- Sentencing Council guidelines for speeding offences
Court Sentencing Bands
Fines and penalties are calculated using sentencing bands based on your speed and income. Here's a general overview:
| Speed Limit | Band A | Band B | Band C |
|---|---|---|---|
| 30 mph | 31–40 | 41–50 | 51–60 |
| 40 mph | 41–55 | 56–65 | 66–75 |
| 50 mph | 51–65 | 66–75 | 76–85 |
The fine is usually a percentage of your Relevant Weekly Income (RWI):
- Band A: 50% of RWI
- Band B: 100% of RWI
- Band C: 150% of RWI
What Is Relevant Weekly Income?
Your RWI is based on your take-home income (after tax and National Insurance). If you earn less than £120 per week or are on benefits, the Court assumes an RWI of £120. You provide this info through the MC100 Statement of Means form.
Other Financial Penalties
In addition to a fine, the Court may also order you to pay:
- Prosecution costs – typically £85+ depending on the case
- Victim surcharge – 10% of the fine (minimum £26)
Can I Reduce the Fine or Sentence?
Yes. These steps may help:
- Submit clear, honest mitigation (how a penalty would affect you)
- Provide an accurate Statement of Means
- Plead guilty early to receive up to 33% discount on the fine
Will I Be Disqualified?
The Court can impose penalty points or a disqualification. If you're a new driver or already have 6+ points, a ban or licence revocation may apply.
- Totting up ban: 6-month disqualification for 12+ points
- New drivers: Licence revoked if 6 points are reached within 2 years of passing test
Do I Have to Go to Court?
Many minor speeding cases can be handled by post or online. However, if you're at risk of a driving ban or facing a serious charge, the Court may require a personal appearance. If a ban is being considered, you may receive a Notice of Proposed Disqualificationwith instructions on how to respond.
Can I Represent Myself?
Yes, but only if you are confident in presenting your mitigation clearly and understand Court procedures. For complex or contested cases, legal representation is strongly recommended.
A legal specialist can present your case professionally, reduce stress, and help you secure the best possible outcome.
Which Court Will Hear My Case?
Your case will usually be heard at the Magistrates' Court closest to where the alleged offence took place. In Scotland, similar cases go to the Justice of the Peace Court or Sheriff's Court depending on the seriousness.
If you're unsure how to prepare or want guidance on what to say in Court, get in touch and we'll connect you with a specialist motoring solicitor.