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Fail to stop when required by a police constable

Justice, police powers and breaches — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Justice, police powers and breaches

Fail to stop when required by a police constable

Road Traffic Act 1988, s.163

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:.

View definitive guideline ↗

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.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.