Justice, police powers and breaches
Fail to comply with police constable directing traffic
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 3 fine
Actus reus
- Where a constable or traffic officer is engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses to stop the vehicle, or to make it proceed in or keep to a particular line of traffic, when directed to do so by that officer, is guilty of an offence (RTA 1988, s.35(1)).
Mens rea
- Neglect or refusal to comply with the direction. The officer must be engaged in regulating traffic.
Defences
No direction was given / officer not then regulating traffic · Did comply · Not driving or propelling a vehicle
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 points Starting point: Band A fine Fines Starting point Range.
At the police station
This is not s.163 (stop when required) and not s.36 (traffic sign). Ask what signal was given and on which road.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.35 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public justice offences ↗