Conditional Offer of Fixed Penalty

What is a Conditional Offer of Fixed Penalty?

The most common method of issuing charges for a driving offence is a Conditional Offer. Conditional offers are short-form notices allowing a driver to accept guilt early-on, usually for a discount or reduction in sentence. A conditional offer would normally impose 3 penalty points and a £100 fine. For more serious offences, like no insurance or driving with a mobile phone, you will be given 6 penalty points and a £200 fine. 

Most drivers assume that the conditional offer reduces the number of penalty points for the offence, but this is not always true. A conditional offer may not reduce the number of points issued for the offence - it will only limit the financial penalty (which could save you less than £100).  

There are a number of reasons why it may not be advisable to accept the conditional offer. Keep reading and we explain why. 

Before reading on, have you received and returned your Notice of Intended Prosecution (NIP)? To find out more about NIP's click here. 

Conditional offer for a speeding offence 

If you've been caught speeding the chances are you've received a fixed penalty notice. This is a conditional offer that should be accepted within 28 days (assuming you accept the allegation). If you fail to respond, or you reject the offer, it will be withdrawn. 

Should you accept the Conditional Offer?

The biggest problem with accepting the conditional offer is that you don't get to see the evidence. It is clearly beneficial for the police if a driver accepts a conditional offer because it secures a conviction, minimises workload and avoids court hearings. But, it may not be in your best interests. 

Before you decide whether or not to accept the conditional offer, you should check the Magistrates' Court Sentencing Guidelines or speak to us for free. If, for example, you've been offered 3 penalty points for an offence which would usually give 4, you may decide to accept the offer. If you decline the conditional offer and the matter goes to court, you could receive a greater number of points. That being said, the magistrates would normally 'honour' the conditional offer and impose the same number of penalty points for the offence, even if you're convicted in court. 

The conditional offer procedure is an automated process, meaning you could receive a notice even if you're not eligible. A person may not be eligible if they have 6 or more penalty points on their licence. 

Can you dispute the Conditional Offer? 

Yes. It is your right to reject the conditional offer and ask for the evidence. There are normally only two options on the conditional offer; accept it or take the case to court. The second option is quite misleading and sounds very scary. In reality, you are not 'taking the case to court' - you are asking to see the evidence before you make a decision. You can still plead guilty at a later stage, normally without a court hearing. 

Importantly, the CPS may not be in a position to supply the evidence. Often, due to ongoing administration problems and staffing shortages, the CPS fail to comply with disclosure duties or serve the correct evidence in time. This regularly leads to cases being thrown out of court. 

Court hearings are usually only necessary if you're at risk of a driving disqualification (i.e. because you have too many points on your driving licence or because the office is serious). For most speeding & mobile phone offences, the risk of a court hearing is low.

How to get off the Conditional Offer of Fixed Penalty

If you want to check the evidence you can simply ignore the conditional offer. If you don't reply to the notice the police will assume that you're not accepting it. The case will then move on to the next stage in the process - the Single Justice Procedure Notice (SJPN). A SJPN is similar to a conditional offer. It will ask you to enter a plea to the allegation (i.e. guilty or not guilty). If you plead guilty you would normally receive points without the requirement to attend court (unless you're at risk of a driving ban). If you plead not guilty, you will need to set out the defences you intend to rely on. It is advisable that you speak to a solicitor before you submit a response to the SJPN. A correctly completed SJPN may put enough pressure on the CPS to withdraw the case against you. A solicitor will be able to explain how best to respond to the SJPN. 

Unlike a conditional offer, if you ignore the SJPN it will be logged as a 'guilty plea'. You therefore need to ensure that you respond to the SJPN and plead not guilty within 21 days.

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