An MS90 offence, sometimes called ‘failure to furnish information or ‘failing to provide your details,’ comes from the Crime and Disorder Act 1998 (the ‘Act’). Under this piece of legislation, you are committing an offence if you fail to give identifying information to an authorized officer who requires it for their duties in case of a traffic offence (as described in Schedule 4 of the Act). You can also be charged with this crime if you give a false name or address to such a request. Here are things you need to know about the MS90 offence.
1. What Does an MS90 Code Mean?
An MS90 code means failure to furnish identification. Suppose a police officer suspects that a driver has committed an offence but cannot determine their identity. Consequently, they will issue an official notice under Section 14(1) of the Road Traffic Act 1988. This document is known as a Notice of Intended Prosecution (NIP). It states that a summons may be issued if you do not reply within 21 days.
The NIP also includes details about responding if you are innocent or guilty and what may happen if you choose not to respond. However, if you fail to furnish identification after receiving your NIP, you could receive an MS90 conviction, even if you were not driving at your alleged offence.
2. Common Offences That May Lead to MS90 Conviction
Failure to furnish identification after receiving a Notice of Intended Prosecution (NIP) may lead to an MS90 conviction. Offences that may lead to a NIP and subsequent MS90 conviction include;
- Speeding
- Running a red light
- Not wearing seat belts
- Failure to stop by police
- Using a mobile phone while driving
If you receive a NIP for any of these crimes, you must identify yourself to the police within 14 days. If you fail to comply with your obligation, you commit an offence under section 172(3)(b) Road Traffic Act 1988 and will be liable for prosecution under Section 90 of the Road Traffic Act 1988.
3. Penalties of MS90 Offence
When facing an MS90 conviction, you’re likely to get a more severe penalty than the original offence. If charged with an MS90 crime and the original offence, you could face six months in jail for each charge. For example: Suppose your initial ticket was for speeding above the limit and you’re also facing an MS90 offence; you could face up to 6 months in jail.
Moreover, any demerit points you receive from either charge will be added together and remain on your driving record for four years from when you received them. So, failure to furnish information to the police after getting a NIP can quickly become much more severe than just paying a fine or dealing with demerits points on your license.
4. Appealing for an MS90 Offence
If police issued an MS90 offence and you were not aware of your duty to provide identification, there are several steps that you can take to appeal against your conviction. However, you must act within 21 days from receiving notice of your charges to file an appeal. If you miss that deadline, you will be required to apply for a review directly to court.
The process can be time-consuming and costly, so make sure that you appeal within 21 days to avoid unnecessary costs or delays. When appealing, you can put defenses such as;
- Your identity was never reasonably suspected;
- The officer failed to inform you of your duty to identify yourself;
- You were not able to know the person who was driving.
Through the appeal, your lawyer can help successfully squash your conviction. If your request fails, then there are other options that you can consider, such as making an application for a review of your case or applying for a pardon.
5. What to do in Case of an MS90 Conviction
If an officer thinks that your driving or vehicle may have put other road users at risk, they can issue a notice of intended prosecution. However, failure to comply will lead to an MS90 conviction. Don’t ignore one of these notices; you could end up with a conviction for failing to provide identification, which will stay on your record for four years if you do not challenge it in court. However, you need to consult an experienced motor defense lawyer to help you navigate through the case.
An MS90 does not mean automatic disqualification from driving, but it does require you to attend court, where you will have to explain why you did not produce the necessary information. It would help if you were prepared for any eventuality when defending yourself against an MS90 charge. There are many different factors involved, and anything can happen once you are in front of a judge. Make sure that you understand exactly how severe an MS90 offence is so that you can prepare adequately
Conclusion
While failing to stop at a red traffic light can carry a heavy fine, getting charged with an MS90 means facing an even more severe motoring offence. Many people may decide to represent themselves in court when accused of an MS90. However, they may be surprised to find out how difficult it can be to convince a judge that you weren’t driving or can’t establish who was with the car. If you face charges for an MS90, it is crucial to speak with a solicitor who specializes in defending against these charges. As experienced criminal defense solicitors, we can help you get your charges reduced or dropped altogether by challenging evidence and presenting arguments.