A recent Court of Appeal decision in R v Bostan [2025] EWCA Crim 1177 has underlined a clear warning for anyone tempted to mislead the authorities when facing motoring offences.
What happened in Bostan?
- Daniel Bostan had already been disqualified from driving under the “totting up” rules.
- When his car was caught speeding on two separate occasions, he nominated innocent third parties as the drivers.
- Despite being given several opportunities by the police to correct his answers, he persisted in providing false information.
- Over six months he also committed insurance fraud by concealing his disqualification and lying to insurers.
This web of lies forced the police into extensive investigation and caused suspicion to fall on people who had nothing to do with the offences.
The original sentence
At first instance, Bostan received a suspended sentence of 22 months with rehabilitation and unpaid work. The sentencing judge pointed to his remorse, good character and prospects of rehabilitation as justification for suspension. We suspect the major problems with prison overcrowding also featured as a factor although this is not explicitly stated.
The Attorney General’s intervention
The Solicitor General referred the case to the Court of Appeal as unduly lenient. The Court agreed. The judges stressed that perverting the course of justice is inherently serious and that almost always an immediate prison sentence will be required.
Even though Bostan had complied with his suspended sentence and put forward strong mitigation, the Court found that the persistent and aggravated nature of his conduct left no alternative but immediate custody.
The outcome
The suspended sentence was quashed. Bostan was ordered to serve 12 months’ immediate imprisonment.
The case is a stark reminder that:
Perverting the course of justice almost invariably leads to prison. That said, we have avoided prison in a handful of cases but one of the most important factors for the court to consider will be the length and extent of the deception. The longer the lie and the more police or prosecution work caused by the lie, the more likely the prison sentence if convicted.
Good character, remorse and family circumstances are rarely enough to avoid immediate custody.
Offences that may appear “administrative” such as giving false driver details can quickly escalate into very serious criminal matters.
Police will thoroughly investigate false nominations. We are seeing more and more cases where “NIP Farms” have been nominated by drivers who wrongly believe this is a legitimate way to avoid penalty points. However, as is seen in the Bostan case, points will be the least of an offenders concerns when prosecuted for perverting the course of justice.
Our advice
Trying to avoid penalty points or disqualification by lying to the police is never worth the risk. The Court of Appeal has confirmed again that immediate prison is the almost certain consequence.
If you are facing allegations of failing to provide driver details, perverting the course of justice, or any motoring-related prosecution, expert advice at the earliest stage is crucial.