Justice, police powers and breaches
Fail to stop when required by a police constable
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 5 fine mechanically propelled vehicle
Actus reus
- A person driving a mechanically propelled vehicle on a road must stop on being required to do so by a constable in uniform or a traffic officer (RTA 1988, s.163(1)). A person riding a cycle on a road must stop on the same requirement (s.163(2)). Failure is an offence (s.163(3)).
Mens rea
- Failure to stop when required. The requirement must come from a constable in uniform or a traffic officer. This is not s.170 (accident stop/report).
Defences
No requirement was made / officer not in uniform (constable limb) · Did stop · Not driving or riding on a road
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine This offence is non-endorsable and does not attract penalty points Starting point:.
At the police station
BWV of the signal and whether the vehicle was on a road are the file. Failure to stop after an accident is s.170, not s.163.
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.163 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public justice offences ↗