Most parents, guardians or carers would always want the best for their children and young people and to avoid any involvement with the criminal justice system…unless of course they wanted to become a lawyer!
Unfortunately, many young people do find themselves on the wrong side of the law and although the police will usually deal with the majority of minor motoring offences without the need to refer the matter to the Crown Prosecution Service, a young motorist could still find themselves facing court proceedings.
17 years old or below
Depending upon the seriousness of the offence, a person up to the age of 17 will usually be dealt within the Magistrates’ Youth Court. The Court will consider the young person’s age on the first date of their Court appearance and if he or she is 17 on this date, their case will be heard in the Youth Court (this court is not as formal as an adult court and it is not open to the public).
A young person is not treated the same as an adult and it is important not to “criminalise” the young person without necessity and at a young age, particularly in relation to minor offences. The aim of the Court is to prevent the youth re-offending, work on rehabilitation and making amends.
If, however, the youth is facing penalty points or receiving a disqualification, this would be dealt with in the same way as an adult.
When considering the correct sentence to impose for the relevant offence, the Court will have regard to factors such as age, background, offending history, seriousness of the offence, accepting responsibility and admitting the offence, this is important as any decision made by the court could have serious consequences which can impact upon the future, career and welfare of the youth.
Sentencing Powers
The Court can impose the following sentences;
Absolute or conditional discharge
If the matter does not warrant any kind of punishment then the Court can impose an absolute discharge which means nothing will happen and that will be the end of the matter.
If the Court considers a conditional discharge is more appropriate then one will be imposed. A conditional discharge means the youth will not be sentenced straight away but on the ‘condition’ that he or she does not appear before the Court again within a certain period of time for any new offence. If they do reoffend then they could be sentenced for any new offence as well as the original offence for which they received the conditional discharge.
Financial penalty
For under 18’s a financial penalty will be the responsibility of the parent or guardian and will be commensurate on their financial circumstances and their ability to pay.
Referral order
A referral order will not necessarily result in a criminal conviction, however the youth must keep to all appointments with the Youth Offending Team (YOT), he or she must not breach their contract with YOT for its duration, usually between 3 to 12 months. The aim of the referral order is to address the offender’s behaviour and put things right.
Youth rehabilitation order
This is a community based punishment which can include various requirements, such as unpaid work or curfew.
Detention and training order (custodial)
This type of sentence is reserved for the more serious of offences and can last up to two years.
A youth who has no previous convictions and pleads guilty straight away can only either be sentenced to a referral order or a detention and training order, there is no in-between.
Therefore, if it is the first motoring offence(s) and it does not warrant a detention and training order, a referral order is likely to be imposed.
Parents’ Enquiries Welcomed
Many of our cases start with a worried parent reaching out to us on their child’s behalf. It is natural for a parent to want to help and be a part of the legal strategy for their child, as most parents instinctively just want what’s best for them. When we receive calls from concerned parents we are happy to liaise with them on behalf of the child (with confidentiality issues covered of course) and will continue to liaise with the entire family if instructed to do so by the client.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
14 Comments
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Teresa Doney
on September 28, 2020Hi,
My son was charged with driving with no insurance, no licence and taking a car without consent. the offense happened on 29th September 2019 he was 17 years at the time. he is due to go to court next month and will be 19 by then.
at the time of the offense he was struggling with his mental health and on medication. since then he has been discharged and has been working full time as key worker and needs his licence to get to work as i can no longer drive him as I am a social worker and he starts at 5.30am in the morning. Is there any likelihood he wont get a driving ban? he has never been in trouble before or since -
Jeanette Miller
on September 28, 2020Dear Teresa,
Thank you for your enquiry on behalf of your son.
There are a lot of factors to consider in this case in order to determine a likely penalty. Generally, driving without insurance and driving without a licence would carry together 6-8 penalty points. The concern here is that, for the taking a vehicle without consent offence (TWOC), the court are likely to need to consider whether a disqualification is more appropriate.
Firstly, the court will not impose both a disqualification AND penalty points, so in a case like this the court may lean towards imposing a disqualification to deal with all the offences at once.
We would also require further information as to the circumstances of the TWOC offence as the court will scrutinise the case in order to determine how serious the matter is. The more serious the court view the matter, the more likely that the court would consider imposing a period of disqualification.
If your son now holds a full UK driving licence, a period of disqualification may be preferable to penalty points otherwise his licence would be revoked, meaning he would have to re-obtain his provisional licence, and pass both his practical and theory tests. This does not apply where the court simply orders a disqualification rather than penalty points against a new driver.
I would strongly advise that either you, or your son give us a call to discuss the matter in further detail so that we can take further details in order to advise on a likely penalty, and to advise on mitigation to try and secure the best possible outcome.
Please contact us on 0161 274 5580.
Kind Regards
Geoffrey Miller Solicitors -
ahmed
on July 21, 2021Hi,
My son who does buying and selling cars is 16 and has a recently been caught driving a car which was just up the street as the car had to be moved. He had gotten caught by the police and they have taken the car off of him.
Would he need to go court for this a need how would this affect his license. he is also turning 17 in three days so will he still be able to apply for his license? -
Jeanette Miller
on July 22, 2021Hi Ahmed,
Assuming your son was caught driving without insurance, this offence carries 6 to 8 penalty points and a fine. Your son will still be able to apply for a provisional licence. If the court imposes penalty points, these will be endorsed upon his provisional licence.
The court can also impose a discretionary disqualification. If a disqualification is imposed, your son will only be able to drive when this disqualification period ends.
If your son passes his driving test, any points incurred for the no insurance offence before he passes his test will not trigger revocation of his licence. Please be aware that any further points incurred within two years from passing his test will mean that his licence will be revoked and he will have to re-take his driving test, as he will have amassed more than 6 points within the first two years of passing his driving test.
Hope this assists.
The Geoffrey Miller Team -
imaan
on April 1, 2022hi, i am currently 17 and i took my uncles car, without consent and drove it and got flashed by a speeding camera doing 5mph over the limit. i told GMP i have no license to send to them for the 3 points and £100 fine And they said I would get took to magistrates court. What would most likely be the outcome?
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Jeanette Miller
on April 5, 2022Dear Imaan,
Vehicle taking without consent carries a fine, community order, or up to a 26 week custodial sentence. It also carries a possible disqualification of up to 12 months which if imposed, will prevent you from obtaining a licence until your disqualification has ended.
For the speeding offence, you are likely to receive 3 penalty points and a fine. If the court imposes the penalty points, these will be held by the DVLA and taken into account when you apply for a licence.
You are also likely to face a charge of driving without a licence. This carries three to six penalty points, a maximum £1,000 fine and a possible disqualification. Again, a disqualification will prevent you from obtaining a licence until your disqualification has ended. If the court imposes the penalty points, these will be held by the DVLA and taken into account when you apply for a licence.
It is likely that all offences will be heard together and that the matters have been referred to court to consider a disqualification. If this is the case, the court will sentence you for all offences at the same time.
If you require representation, please call our offices for further information on how we can assist you and costs.
We hope this assists,
The Geoffrey Miller Team -
Kay Elms
on March 12, 2023Please can you advise.
My son age 16 took his friends car to get his girlfriend. He has no insurance, only a provisional license. He refused a blood test as Police believed he had been smoking cannabis. My son has ADHD (unmedicated due to side effects, hence smoking cannabis) and PTSD. (Both diagnosed by his Psychiatrist). He is in a terrible state. What is the worst, and what is the best outcome please. Thank you very much. He had to attend Court at end of the month. -
Jeanette Miller
on March 13, 2023Dear Kay
This is something that we can certainly assist you with. However, we do require some further information from you first. We advise that either you, or your son give us a call to discuss the matter in further detail so that we can take further details to advise on his options, the likely penalty, and to try and secure the best possible outcome.
Please call our office on 0161 274 5580 and a member of our specialist team will be able to assist you.
Kind regards
Geoffrey Miller Solicitors. -
Terrence Thew
on June 29, 2023My 16 year old son was on his electric scooter when he was stopped by the police. He has ADHD and neither me or his mother was informed. The police gave him a £50 fine for no liecince and £300 and 6 points due to him not having a liecince and his age this has now been referred to the youth courts. I have already paid the fines which they say I will need to wait now to get back.
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motoroffence
on July 7, 2023Hi Terrence,
Thank you for your comment. We will need more information to advise on this issue, please give the office a call on 0161 274 5580.
Kind regards,
The Geoffrey Miller Team
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Anonymous
on October 11, 202317 at the time, 78 in a 50 on a dual carriage way, mobile camera van got me in a bush because they know people don’t stick to the speed limit. Off to a childs court at the end of the month, but work an 8-5:30 on a very good wage for my age. Pleading guilty straight away and there was no need to even be doing that speed and it was a silly mistake. What could you advise?
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motoroffence
on October 23, 2023Thank you for your enquiry.
The Court will look to either impose a disqualification from driving of between 7 – 56 days OR 6 penalty points on your driving record. You are also looking at a Band C fine which is usually calculated at around 150% of your net weekly income.
This is something that we can certainly assist you with and we would need to take some further information from you first. Please call our office on 0161 274 5580 and a member of our specialist team will be happy to assist you.
Kind Regards,
Geoffrey Miller Solicitors.
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Anonymous
on March 7, 2025Hi my daughter is 14 and we at the car park , while waiting in car with her and I was talking to friend, my daughter joking move to my drive sit and start the car and accidentally move the car to reversing to a stationary van and caused a damage on it. We left a note on the and through the office door and was at the incident 10am the following morning, To see the Manager and Gave my report and insurance details, and left.
I got a letter from the police after 14days , i got a letter from the police that I should give the details of the driver which was my daughter, at the moment I don’t know what will happen be the outcome and it was really an honest mistake. Offence are careless driving and not reporting it. I didn’t know I was meant to report it. -
Jeanette Miller
on March 7, 2025Good morning,
We might be able to assist, whether it is you or your daughter who is being charged. We have experience dealing with matters at Youth Court.
Please contact us for further information on our services, and to explore how we can help you.
Kind regards,
The Geoffrey Miller Team
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