A proposal to increase fines for using a mobile phone while driving sounds straightforward. Until you ask which drivers, which fines, and when. Those details make quite a difference. The Sentencing Council's
2026 consultation proposes a higher court fine starting point for the guideline covering goods vehicles over 3.5 tonnes, which also covers vehicles adapted to carry more than eight passengers. It is not a general increase for private-car drivers, and it does not change the ordinary £200 fixed penalty or six penalty points. These are proposals for England and Wales. They are not new sentencing rules already in force.
A starting point is not the final bill
The proposed starting point would move from Band B to Band C, with the top of the offence range moving from Band C to Band D. That is rather less self-explanatory than it might sound to someone who spends their working day using sentencing guidelines. The Council's
fine bands use relevant weekly income. Band B normally starts at 100% of that figure, Band C at 150%, and Band D at 250%. The purpose is to relate the financial penalty to the defendant's means, rather than impose the same cash sum on everyone. Take a driver whose relevant weekly income is £600. A Band B starting point produces £600; Band C produces £900. That illustrates the proposed change, but neither figure is necessarily the fine the court would impose. The facts of the offence, the driver's financial circumstances and any guilty-plea reduction still need to be considered. Costs and the victim surcharge are separate. Nor does a guideline allow the court to exceed the statutory maximum. The starting point, the available range and the legal ceiling perform different jobs. Reading one of them in isolation can give a misleading picture of the likely sentence.
The existing licence consequences still matter
For someone facing an allegation today, the consultation may be less pressing than the existing six points. The
current government guidance explains that a court can impose a fine of up to £1,000, or £2,500 for a lorry or bus, and may disqualify a driver. Six points can also trigger revocation under the new-driver rules within two years of passing the first driving test. Revocation and a court-imposed driving ban are different things, although neither is likely to be welcome. A driver should understand which consequences may arise in their own case before deciding how to respond. It is also worth keeping the order of the questions straight. First, can the prosecution prove the offence? If it can, what sentence and licence consequences follow? A discussion about a proposed fine increase answers neither question for an individual defendant.
There is more here than driving fines
The consultation also addresses grooming and exploitation, including the distinction between someone who draws others into offending and someone whose own offending reflects exploitation. It proposes recognition of online influences on young adults, alongside clarification of guilty-plea reductions where a sentence contains several punitive elements. Those subjects deserve attention even if a change to driving fines makes the more obvious headline. A sentencing hearing should explain how the defendant came to offend and what their actual role was. Calling someone a willing participant tells the court little if the evidence also shows pressure, manipulation or dependence. That does not mean an explanation excuses the offence. It means the explanation may affect culpability and sentence. Where exploitation is relevant, the useful work is to identify the evidence supporting it, rather than rely on the label alone. Likewise, a sentence containing several requirements needs to be considered as a whole. Punishment and rehabilitation are not interchangeable, and a guilty plea does not mean every requirement is reduced by the same percentage. Clear guidance helps avoid treating sentencing as an exercise in adding up unrelated penalties.
What happens next
The consultation runs from 9 September to 2 December 2026. The Council says resulting changes will not take effect before April or May 2027 at the earliest. That is an indication of timing, not a confirmed start date. For an existing prosecution, the practical task remains to identify the applicable law and guideline, test the evidence and prepare any mitigation properly. A future change is no reason to leave today's court papers unanswered. If you face a motoring prosecution or are preparing for sentence,
contact Chetwode Criminal Defence Solicitors. We can assess the allegation, explain the likely consequences and prepare a response based on your circumstances.
