#13603 - Road Traffic Law - Advanced Criminal Litigation

Advanced Criminal Litigation

Road Traffic Law Revision

RTO = Road Traffic Offenders Act

Mags = Magistrates

Disqual. = Disqualification

G = Guilty

NG = Not Guilty

Obligatory Endorsement: CrimPR 55

• Name of Mags Court

• Date and details of offence

• Date of conviction and date of sentence

• Penalty points imposed

DR10 Driving over the prescribed limit

SP Speeding

IN10 No insurance

CD Careless Driving

If convicted of 2 offences together only most serious penalty will apply. Points effective concurrent. s28(4) RTO 1988

Disqualification or points. Court cannot give both!

If convicted court must impose minimum points, discretion within the range

Obligatory Disqualification or points

Minimum period of disqualification 12 months but can be extended

• Increased to 2 years if:

  • D convicted of death by dangerous driving or death by careless driving whilst under the influence

  • D has been disqualified for more than a fixed period of 56 days in the last 3 years

• Increased to 3 years if:

  • D convicted of drink driving or driving which unfit through drugs and D has a conviction within the past 10 years for a similar offence

  • s26 RTO if plead guilty and sentencing adjourned then may be subject to interim disqualification. Time on interim disqualification will count towards period of disqualification when sentenced passed

s36 RTO need to sit extended driving test on expiry of disqualification

Can only avoid obligatory disqualification or points by special reasons

Special Reasons:

R v Wickens (1958)

Turn the courts obligatory power into a discretionary one

• Mitigating circumstances

• Does not constitute a defence

• Connected with the commission of the offence and not the offender personally

• Something the court can properly take into account

If special reason succeed for disqualification then the court MUST impose the relevant points for the offence

Discretionary Disqualification Mitigating Factors:

• Offence mitigation:

• Speed not excessive

• Light traffic

• Momentary lapse in attention

• Minor damage

• Timely guilty plea

Offender Mitigation:

• Age and number of driving years

• Clean driving licence

• Job requires a licence

• Large number of driving miles each year

Court powers:

s147 Powers of Criminal Courts (Sentencing) Act 2000

If sentenced in the Crown Court and a motor vehicle is linked to the offence then court has the option to disqualify D whether or not the vehicle was driven

s146 Powers of Criminal Courts (Sentencing) Act 2000

Any court can disqualify anyone for any offence whether or not a vehicle was used

Normal period is 2 weeks – 6 months in practice but can be ‘for any period as the court thinks fit’

Penalty Points Disqualification (Totting)

s35 RTO Disqualification on 12 or more points

1. Calculate number of points for present offence

2. Add number of points endorsed within the last 3 years

   1. N.B Date of commission to date of commission NOT date of sentence

3. No need to count back if previous penalty points disqualification in last 3 years as wipes the slate clean

   1. N.B NOT the case in disqualification otherwise then by totting, these points remain

Road Traffic (New Drivers) Act 1995

If 6 points or more within first 2 years of driving then DVLA automatically revoke licence. Need new provisional and must pass test again

MINIMUM Length:

Avoiding Penalty Points Disqualification

Can continue to avoid disqualification each time you face totting so can in theory have 18 points and not be disqualified

Mitigating circumstances NOT:

• Triviality of offence

• Hardship (unless exceptional)

• Mitigating circumstance relied on in the past 3 years

Burden of proof on the defence to the balance of probabilities

Sentencing:

• Impact on Licence

• Other penalties (custody, fine etc.)

• Reduction

• Costs

Limiting Points or Disqualification

s34 Road Safety Act 2006 if convicted of speeding or careless or inconsiderate driving, the court can offer D a driver rehabilitation course if (after sentence for this offence) he would have between 7 and 11 points. Upon successful completion the court will lower the penalty points by 3 for...