Fail to provide specimen for analysis (in charge) (Revised 2017)

Road Traffic Act 1988, s.7(6)
Effective from: 24 April 2017

Triable only summarily
Maximum: Level 4 fine and/ or 3 months
Offence range: Band B fine – 6 weeks’ custody

 


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

  • Deliberate refusal/ failure

Factors indicating lower culpability

  • Honestly held belief but unreasonable excuse
  • Genuine attempt to comply
  • All other cases

HARM demonstrated by one or more of the following:

Factors indicating greater harm

  • High level of impairment

Factors indicating lesser harm

  • All other cases

Step 2 – Starting point and category range

Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below.

  • Must endorse and may disqualify. If no disqualification impose 10 points
  • Extend any disqualification if imposing immediate custody

 The starting point applies to all offenders irrespective of plea or previous convictions.

 Level of seriousness Starting Point Range Disqualification/points
Category 1 Medium level community order Low level community order  – 6 weeks’ custody Disqualify 6 – 12 months
(Extend if imposing immediate custody)
Category 2 Band C fine Band C fine – Medium level community order Disqualify up to 6 months       OR 10 points
Category 3 Band B fine Band B fine 10 points
 

The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail

Other aggravating factors

  • High likelihood of driving
  • Failure to comply with current court orders
  • Offence committed on licence or post sentence supervision
  • In charge of LGV, HGV, PSV etc.
  • Offering to drive for hire or reward

Factors reducing seriousness or reflecting personal mitigation

  • No previous convictions or no relevant/recent convictions
  • Remorse
  • Good character and/or exemplary conduct
  • Serious medical condition requiring urgent, intensive or long-term treatment
  • Age and/or lack of maturity where it affects the responsibility of the offender
  • Mental disorder or learning disability
  • Sole or primary carer for dependent relatives