Fines are calculated by reference to an offender’s net weekly income (their income after deducting tax).
Some offences, like drink driving and driving with no insurance carry unlimited fines so there is no maximum amount. Unlimited fines were introduced in 2015 as it was recognised that a previous maximum cap of £5000 was not much of a punishment to wealthy offenders.
Other offences such as speeding do still have a maximum cap (£2500 if on a motorway and £1000 if a road).
In addition to considering whether or not there are caps to apply to the fine the court imposes, there are also bands, A-F. The most common bands applicable are A-C. However where the case potentially involves a prison sentence, bands D-F could be applied.
The band is applied by reference to sentencing guidelines used by the court. These guidelines help the court to impose appropriate sentences and penalties linked to the severity of the offence. Eg. A high reading drink driving offence where an offender provides a breath reading more than double the limit will likely be liable to a Band C fine whereas an offender whose breath test was only marginally above the limit will receive a Band B fine.
| Starting point | Range | |
|---|---|---|
| Fine Band A | 50% of relevant weekly income | 25 – 75% of relevant weekly income |
| Fine Band B | 100% of relevant weekly income | 75 – 125% of relevant weekly income |
| Fine Band C | 150% of relevant weekly income | 125 – 175% of relevant weekly income |
| Fine Band D | 250% of relevant weekly income | 200 – 300% of relevant weekly income |
| Fine Band E | 400% of relevant weekly income | 300 – 500% of relevant weekly income |
| Fine Band F | 600% of relevant weekly income | 500 – 700% of relevant weekly income |
For Drink Driving , the amount that can be fined will range from a Band B fine to a Band C fine (1 to 1 1/2 weeks’ net income) depending on the severity of the offence.
Once the fine has been calculated, the court will reduce the fine if an offender pleads guilty at the first opportunity, usually at the first court hearing. The automatic reduction if a guilty plea is entered is a 3rd/33%.
If a guilty plea is entered at a later point in the case, a lesser reduction will be applied to the fine (usually between 25% to 10%) depending on how close to a trial a change of plea takes place.
Low income offenders can also request time to pay. They will be asked to complete the form MC 100 that outlines more information about their income and outgoings. The court will then decide on whether or not to allow the defendant to have an instalment plan for payments to be made to pay off the fine.
If you are trying to establish the likely penalty you may receive, take a look at our various calculators or get in touch via our free triage service.
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