Road traffic
Fail to stop / report a road accident
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine and/or 6 months
Actus reus
- Where s.170 applies (injury to another person, or specified damage to another vehicle, an animal, or roadside property), the driver must stop and, if required, give name/address and vehicle details (s.170(2)).
- If those particulars are not given, the driver must report the accident at a police station or to a constable as soon as reasonably practicable and in any case within 24 hours (s.170(3), (6)). Separate offence if insurance evidence is not produced when injury was caused (s.170(5), (7)).
Mens rea
- The duties apply to the driver of the vehicle owing to whose presence the accident occurred. Knowledge that an accident of the specified kind occurred is the usual live issue — take instructions on what the client perceived.
Defences
s.170 did not apply (no injury / no specified damage) · Did stop and give the required particulars · Reported within the statutory time · Not the driver
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine – 26 weeks' custody.
At the police station
Stop and report are often charged together. CCTV of the leaving and any later 101 call matter more than an apology at the roadside the next day.
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.170 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗