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Points on licence - criminal or civil offence

If I have 3 points on my licence for failing to stop at red light is this a criminal or civil offence? Does anyone know if it is recorded on the Police National Computer and would it come up on a Criminal Records Bureau check? Thanks

PerkyPercy Fri 29/08/08 10:42

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Nik315
Fri 29/08/08
11:20

I think no as I have an enhanced CRB and none of my six points came up.

New Judge
Fri 29/08/08
11:46

Different people will give you different answers, and the answer depends on who is asking and for what purpose!

Motoring offences are criminal offences as opposed to civil. They are dealt with in the criminal courts and are prosecuted by the Crown Prosecution Service. They have nothing to do with the Civil court system.

Fixed penalties are not convictions at all. They are an acceptance that wrongdoing has taken place and an agreement to pay a fixed sum (and possibly penalty points) – less than the going rate if you were fined in court. In return court proceedings (and a criminal conviction) are avoided.

As for recording – all convictions and fixed penalties are held on the PNC. How long they are held for before being deleted (if ever) depends on the offence. Whether they must be declared again depends on the circumstances. Motoring offences – whether dealt with by fixed penalty or as a result of a court conviction – must be declared for varying lengths of time after they occurred.

Some employers do not ask for motoring convictions to be declared, others only if a ban has been imposed – the variations are numerous.

Ethel
Fri 29/08/08
14:31

They are definitely not civil - if you refuse to accept the Fixed Penalty Notice it is dealt with in a Magistrates' Court, which is a criminal court.

pink-kittens
Fri 29/08/08
15:57

For an enhanced CRB check they won't show up - One of the girls I now work with is currently under a ban under the totting up system and it did not show on hers

kempie
Fri 29/08/08
16:13

If the police are directed to search their records for an Enhanced CRB Disclosure then the recorded points will definitely "show up", however it is not the case that an ECRB check will return every record held on the subject - the police only need to report the records they deem relevant to the requested search e.g. a search in relation to employment with vulnerable people does not necessarily justify the declaration of records for motoring offences.

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