Fail to stop/report road accident (Revised 2017)

Road Traffic Act 1988, s.170(4)
Effective from: 24 April 2017

Triable only summarily:
Maximum: Unlimited fine and/or 6 months
Offence range: Band A fine – 26 weeks’ custody

User guide for this offence

Step 1 – Determining the offence category

The Court should determine the offence category using the table below.

Category 1      Higher culpability and greater harm

Category 2      Higher culpability and lesser harm or lower culpability and greater harm 

Category 3      Lower culpability and lesser harm

The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

CULPABILITY demonstrated by one or more of the following:

Factors indicating higher culpability

  • Offence committed in circumstances where a request for a sample of breath, blood or urine would have been made had the offender stopped
  • Offence committed by offender seeking to avoid arrest for another offence
  • Offender knew or suspected that personal injury caused and/or left injured party at scene
  • Giving false details

Factors indicating lower culpability 

  • All other cases

HARM demonstrated by one or more of the following:

Factors indicating greater harm

  • Injury caused
  • Significant damage

Factors indicating lesser harm

  • All other cases