29 January 2025

Perverting the Course of Justice in Driving Cases

Perverting the course of justice is a serious criminal offence, particularly in motoring cases where individuals attempt to evade penalties by providing false details to the police or engaging in fraudulent schemes like NIP farms. While it may seem like a simple way to avoid penalty points, or a driving ban, the consequences can be severe, including a prison sentence.

What Is Perverting the Course of Justice?

Perverting the course of justice occurs when someone deliberately acts to mislead or obstruct a legal investigation. In the context of driving offences, this commonly includes:

  • Providing false details to the police – for example, naming another person as the driver in a speeding or red-light offence.
  • Using a “NIP farm” – paying someone else to falsely accept penalty points on your behalf.
  • Falsely claiming a car was stolen or providing fake insurance details after an accident.
  • Destroying or tampering with evidence, such as altering dashcam footage.
  • Persuading or bribing someone to take responsibility for an offence they did not commit.

Unlike typical motoring offences, perverting the course of justice is an indictable offence, meaning it is heard in the Crown Court and often results in custodial sentences.

Providing False Details to the Police

One of the most common ways people commit this offence is by giving false details after receiving a Notice of Intended Prosecution (NIP) or a Section 172 notice, which requires the registered keeper to identify the driver of a vehicle at the time of an offence.

These actions are not just a minor offence – they are considered a deliberate attempt to obstruct justice. Courts take such matters extremely seriously, often imposing prison sentences even for first-time offenders.

NIP Farms: Organised Points-Dodging Schemes

A NIP farm is an organised scheme where individuals or groups falsely accept penalty points in exchange for payment. These scams often involve:

  • A single person repeatedly taking penalty points for multiple drivers.
  • False claims that the vehicle was driven by someone abroad at the time of the offence.
  • The use of fake names and addresses to mislead police investigations.

Police and the DVLA have sophisticated systems to detect patterns in these fraudulent activities. Those caught using or operating a NIP farm face conspiracy to pervert the course of justice charges, which have resulted in severe prison sentences.

Our Recent Cases

Despite the strict approach by the courts, we have successfully argued that prison sentences should not be immediate in many cases, some example include:

  • R v AS, Leicester Crown Court – Suspended sentence for perverting the course of justice in claiming his vehicle was elsewhere at the time. This case involved putting forward false images of our client’s vehicle to the police.
  • R v AA, Birmingham Crown Court – Suspended sentence for multiple offences of perverting the course of justice. This offence involved naming an individual as being responsible for various driving offences to West Midlands Police, South Yorkshire Police and Leicestershire Police.
  • R v MA, Leicester Crown Court – Suspended sentence for providing false details to police after a road traffic collision (RTC).

These cases serve as a warning that courts do not take these offences lightly – even where custodial sentences are suspended, a conviction can have lifelong consequences.

Penalties for Perverting the Course of Justice

The courts view attempts to mislead the justice system as extremely serious. If convicted, penalties can include:

  • Immediate custody – Sentences typically range from six months to two years, depending on the severity.
  • A criminal record – This can have long-term consequences for employment, travel, and any future legal matters.
  • Driving disqualification – Particularly in cases where the deception was related to a driving offence.
  • Significant fines and court costs – In addition to any legal fees incurred.

A conviction for perverting the course of justice carries far more serious and lasting consequences than the original motoring offence it sought to conceal.

Kally Sahota, Director at Sahota & Sahota Solicitors says:

“As tempting as it may sound, do not give false details to the police. What might seem like a quick fix to avoid points, a ban or a fine it can lead to a criminal conviction, a suspended sentence or even prison. The courts take an extremely tough stance on these cases and the risks far outweigh any potential benefit.

If you find yourself under investigation, seek expert legal advice immediately—do not make the situation worse by trying to cover up the truth.”

If facing allegations of this nature, it is crucial to seek immediate legal advice to mitigate the risks and ensure the best possible outcome.

For expert legal representation in motoring and criminal defence cases, contact Sahota & Sahota Solicitors.

If you need expert advice do not hesitate to contact us on 0116 255 5155. Our phone lines are open 24 hours a day seven days a week.

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