Vehicle licence/registration fraud
Vehicle Excise and Registration Act 1994, s.44
Effective from: 04 August 2008
Triable either way
Maximum when tried summarily: Level 5 fine
Maximum when tried on indictment: 2 years
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty
| Examples of nature of activity | Starting point | Range |
| Use of unaltered licence from another vehicle | Band B fine | Band B fine |
| Forged licence bought for own use, or forged/ altered for own use | Band C fine | Band C fine |
| Use of number plates from another vehicle; or Licence/number plates forged or altered for sale to another | High level community order (in Crown Court) |
Medium level community order to Crown Court Note: community order and custody available only in Crown Court |
Band ranges
| 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 |
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
The following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability
- LGV, PSV, taxi etc.
- Long-term fraudulent use
Factors indicating greater degree of harm
- High financial gain
- Innocent victim deceived
- Legitimate owner inconvenienced
Factors indicating lower culpability
- Licence/registration mark from another vehicle owned by defendant
- Short-term use
Common aggravating and mitigating factors
Taken from Sentencing Guidelines Council Guideline Overarching Principles: Seriousness
Aggravating factors
Factors indicating higher culpability:
- Offence committed whilst on bail for other offences
- Failure to respond to previous sentences
- Offence was racially or religiously aggravated
- Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation)
- Offence motivated by, or demonstrating, hostility based on the victim’s disability (or presumed disability)
- Previous conviction(s), particularly where a pattern of repeat offending is disclosed
- Planning of an offence
- An intention to commit more serious harm than actually resulted from the offence
- Offenders operating in groups or gangs
- ‘Professional’ offending
- Commission of the offence for financial gain (where this is not inherent in the offence itself)
- High level of profit from the offence
- An attempt to conceal or dispose of evidence
- Failure to respond to warnings or concerns expressed by others about the offender’s behaviour
- Offence committed whilst on licence
- Offence motivated by hostility towards a minority group, or a member or members of it
- Deliberate targeting of vulnerable victim(s)
- Commission of an offence while under the influence of alcohol or drugs
- Use of a weapon to frighten or injure victim
- Deliberate and gratuitous violence or damage to property, over and above what is needed to carry out the offence
- Abuse of power
- Abuse of a position of trust
Factors indicating a more than usually serious degree of harm:
- Multiple victims
- An especially serious physical or psychological effect on the victim, even if unintended
- A sustained assault or repeated assaults on the same victim
- Victim is particularly vulnerable
- Location of the offence (for example, in an isolated place)
- Offence is committed against those working in the public sector or providing a service to the public
- Presence of others e.g. relatives, especially children or partner of the victim
- Additional degradation of the victim (e.g. taking photographs of a victim as part of a sexual offence)
- In property offences, high value (including sentimental value) of property to the victim, or substantial consequential loss (e.g. where the theft of equipment causes serious disruption to a victim’s life or business)
Mitigating factors
Factors indicating lower culpability:
- A greater degree of provocation than normally expected
- Mental illness or disability
- Youth or age, where it affects the responsibility of the individual defendant
- The fact that the offender played only a minor role in the offence
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Offender mitigation
- Genuine remorse
- Admissions to police in interview
- Ready co-operation with authorities
Consider a reduction for a guilty plea
Consider ancillary orders, including compensation
View guidance on available ancillary orders and compensation.