Speeding - Criminal Offence or not?
Discussion
safespeed said:
Yes, it's a criminal offence. The only sort of law that the police enforce is 'criminal law'. Contrast with 'decriminalised parking offences' enforced by local authorities.
However speeding does not give you a criminal record because it's not a 'recordable offence'.
However speeding does not give you a criminal record because it's not a 'recordable offence'.
I have no doubt that what you say there is the true position Paul, but I certainly do not feel in any way to be a criminal by virtue of speeding and suchlike motoring offences.
Best wishes all,
Dave.
tahiti said:
Does that also mean you have to declare it on job applications? Do you have any Criminal Convictions? Yes sounds a little negative!!
Yes, if they ask for all convictions.
You have to declare any criminal conviction that resulted in a fine for 5 years, after that no because it's spent under the act.
Edited by vonhosen on Saturday 17th June 09:29
deva link said:
However (and I guess these days this applies to the vast majority of the average persons speeding offences) accepting the kind offer of a fixed penalty means you haven't even got a conviction, never mind a criminal record.
You can only be convicted in a court.
You can only be convicted in a court.
Yes
The issue of a FPN (conditional offer) is a suspension of enforcement proceedures for 28 days. If the conditional offer conditions are fulfilled, then any liability for conviction of the offence shall be discharged.
vonhosen said:
tahiti said:
Does that also mean you have to declare it on job applications? Do you have any Criminal Convictions? Yes sounds a little negative!!
Yes, if they ask for all convictions.
You have to declare any criminal conviction that resulted in a fine for 5 years, after that no because it's spent under the act.
Edited by vonhosen on Saturday 17th June 09:29
Though they have no way of finding out if you do as it wont even appear on an enhanced CRB check, not being on your permanent record.
Though I suppose if someone mentions it and your employer doesnt particularly like you then...
Then I suppose there is the complication of percuniary advantage if someone does grass you.
Plotloss said:
vonhosen said:
tahiti said:
Does that also mean you have to declare it on job applications? Do you have any Criminal Convictions? Yes sounds a little negative!!
Yes, if they ask for all convictions.
You have to declare any criminal conviction that resulted in a fine for 5 years, after that no because it's spent under the act.
Edited by vonhosen on Saturday 17th June 09:29
Though they have no way of finding out if you do as it wont even appear on an enhanced CRB check, not being on your permanent record.
Though I suppose if someone mentions it and your employer doesnt particularly like you then...
Then I suppose there is the complication of percuniary advantage if someone does grass you.
Not strictly true, in all cases.
Where the conviction of any person is recordable in accordance with the regulations, there may also be recorded in national police records his conviction for any other offence of which he is convicted in the same proceedings. (ie speeding may be on there where you are convicted of other recordable offences in the same proceedings.)
As with the employer bit, lies toild have a nasty habit of coming back to bite you & yes there is the question of pecuniary advantage.
Edited by vonhosen on Saturday 17th June 12:02
Plotloss said:
So speeding whilst drink driving, that sort of thing?
Yes
Drink drive is a recordable offence by virtue of being imprisonable. There are other non imprisonable offences that are also recordable because they are listed in the schedule as so under The National Police Records (Recordable Offences) Regulations 2000.
Offences such as begging or Sec 5 Public Order Act.
Edited by vonhosen on Saturday 17th June 12:08
tahiti said:
Drink driving I can wholly agree with being a notifiable conviction, but I wonder how many people would see a speeding conviction as criminal? I can only assume an SP30/SP40 or any other fixed penalty would not count as criminal?
Speeding is only criminal if aggrivated by a criminal offence.
Whilst the absolute letter of the law says disclose if you didnt I doubt it would harm you.
According to Caroline Flint MP speeding is a serious criminal offence. Bottom of the page in this link 
www.parliament.the-stationery-office.co.uk/pa/cm200304/cmhansrd/vo031208/debtext/31208-05.htm
www.parliament.the-stationery-office.co.uk/pa/cm200304/cmhansrd/vo031208/debtext/31208-05.htm
vonhosen said:
Plotloss said:
vonhosen said:
tahiti said:
Does that also mean you have to declare it on job applications? Do you have any Criminal Convictions? Yes sounds a little negative!!
Yes, if they ask for all convictions.
You have to declare any criminal conviction that resulted in a fine for 5 years, after that no because it's spent under the act.
Edited by vonhosen on Saturday 17th June 09:29
Though they have no way of finding out if you do as it wont even appear on an enhanced CRB check, not being on your permanent record.
Though I suppose if someone mentions it and your employer doesnt particularly like you then...
Then I suppose there is the complication of percuniary advantage if someone does grass you.
Not strictly true, in all cases.
Where the conviction of any person is recordable in accordance with the regulations, there may also be recorded in national police records his conviction for any other offence of which he is convicted in the same proceedings. (ie speeding may be on there where you are convicted of other recordable offences in the same proceedings.)
As with the employer bit, lies toild have a nasty habit of coming back to bite you & yes there is the question of pecuniary advantage.
...and of course the employer would find out if they asked to see the employees driving licence (while the offence was still listed on the licence).
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