The Road Traffic LawyerCategory: Law
Article added by: The Road Traffic Lawyer Ltd
A number of new offences were created by the new Act, for example causing death by dangerous driving and causing death by driving whilst uninsured, unlicensed or disqualified. These will be appropriately utilised by the Crown when drafting summary complaints or indictments however what about the new sentencing options?
I can only really comment upon my own experiences, however there may continue to be a number of provisions within the road traffic framework that continue to be effectively ignored by Scottish Courts and, I have to say, by those who practice within them.
Firstly, those accused of road traffic offences within Scotland should be aware of the provisions of Section 37(1A) of the Road Traffic Offenders Act 1988 as introduced by the Road Traffic Act 1988. These relate to what is known as a short term disqualification, i.e. a driving ban of 56 days or less.
In my experience, notwithstanding the fact it has been around for some 17 years, it seems to gain very little exposure in our criminal Courts. Its relevance can be huge in particular cases as it can result in a greatly reduced ban for offenders who may be subject to the totting-up provisions therefore facing a typical disqualification period of six months. It is rarely made clear that the Court is always entitled to give consideration to a short term ban as an alternative to a six month disqualification under Section 35 of the Road Traffic Offenders Act 1988.
The relevance of this provision has become even greater with the introduction of Justice of the Peace Courts. Historically, these limited sentencing powers attached to cases prosecuted in these Courts although they are now armed with increased sentencing powers and, more importantly, now can competently disqualify drivers on a discretionary basis. This means that if you are due to appear in the District Court on a charge of speeding and your pal from the pub has told you the Court is unable to disqualify you, then think again!
The upside of the increased powers is that these Courts can now impose a short term disqualification and a 28 day ban may be a slightly easier pill to swallow than a six month totting-up disqualification.
The educational theme within the road traffic legislation continues with the introduction of more Courses for Offenders by extending the provisions to include those charged with careless driving, speeding and failing to comply with traffic signals. It is anticipated that these Courses will be rolled out for a further array of offences in the future.
The provisions link up to the introduction of the Drink Driving Rehabilitation Course which was introduced back in December 1999. This has not, in my view, been a well received provision. I have regularly appeared in the criminal Courts and argued that an offender be placed on the Course in order to educate and, obviously, mitigate the period of disqualification. It has been suggested that the provision only exists to reduce the length of ban although this is not the case.
There is a presumption in favour of being placed on the appropriate Course, subject to the offender’s consent. The Courts have, historically, struggled with this concept and see it as a cheap way to reduce the period of disqualification by 25%. The statistics confirm that the scheme continues to be effective as measured by the lower drink-drive reconviction rates of course attendees.
The legislative provisions exist for a reason and they are effectively worthless if they are not utilised by the Scottish Courts. It is clear that those accused of Road Traffic offences within Scotland should instruct a Solicitor with a full working knowledge of the legislation to ensure that all the options are properly considered and presented.
Michael Lyon Solicitors exclusively practices road traffic law and defends all types of motoring offences throughout Scotland. All Solicitors within the Firm have an expert knowledge of road traffic law in Scotland with a particular focus drawn on speeding, dangerous driving and drink driving allegations in Scotland.
Specialist legal representation provided in all Courts for motoring offences including Glasgow, Paisley, Dumfries, Perth, Aberdeen, Invernesss and Kilmarnock.
W: http://www.theroadtrafficlawyer.com
E: ml@theroadtrafficlawyer.com
T: 0141-550-1074
M: 07903-818-719 (Urgent cases only)
Posted By: The Road Traffic Lawyer Ltd
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