Driving disqualifications to start after release from prison
Discussion
A very interesting judgment regarding extended driving disqualifications.
http://www.bailii.org/ew/cases/EWCA/Crim/2016/455....
Note that one of my cases gets a mention at paragraph 17.
http://www.bailii.org/ew/cases/EWCA/Crim/2016/455....
Note that one of my cases gets a mention at paragraph 17.
agtlaw said:
A very interesting judgment regarding extended driving disqualifications.
http://www.bailii.org/ew/cases/EWCA/Crim/2016/455....
Note that one of my cases gets a mention at paragraph 17.
Backhouse?http://www.bailii.org/ew/cases/EWCA/Crim/2016/455....
Note that one of my cases gets a mention at paragraph 17.
Yes.
The Court addressed Aretnap's question at paragraph 41:
"Guilty plea. The Sentencing Guidelines Council's definitive guideline on credit for a guilty plea states at paragraph 2.6 'A reduction in sentence should only be applied to the punitive elements of a penalty. The guilty plea reduction has no impact on sentencing decisions in relation to ancillary orders, including orders of disqualification from driving.' There have been no submissions that that approach should be modified as a result of the introduction of the new sections. We consider that the existing guidance should continue to apply."
The Court addressed Aretnap's question at paragraph 41:
"Guilty plea. The Sentencing Guidelines Council's definitive guideline on credit for a guilty plea states at paragraph 2.6 'A reduction in sentence should only be applied to the punitive elements of a penalty. The guilty plea reduction has no impact on sentencing decisions in relation to ancillary orders, including orders of disqualification from driving.' There have been no submissions that that approach should be modified as a result of the introduction of the new sections. We consider that the existing guidance should continue to apply."
It's completely nonsensical to give, for example, a three year driving ban to someone handed a eight year prison sentence, with the driving ban to start at the beginning of their sentence, as it serves absolutely no purpose whatsoever!
(In the same vein, sentences that run concurrently also annoy Me as they become pointless! Run all of the sentences for all of the crimes consecutively - That would be a proper punishment!)
Another annoyance is when the courts give someone who has been driving whilst banned, just a further driving ban! - They're already showing the Law no respect and are driving whilst banned so what difference is a further ban going to make to them?
(In the same vein, sentences that run concurrently also annoy Me as they become pointless! Run all of the sentences for all of the crimes consecutively - That would be a proper punishment!)
Another annoyance is when the courts give someone who has been driving whilst banned, just a further driving ban! - They're already showing the Law no respect and are driving whilst banned so what difference is a further ban going to make to them?
4rephill said:
It's completely nonsensical to give, for example, a three year driving ban to someone handed a eight year prison sentence, with the driving ban to start at the beginning of their sentence, as it serves absolutely no purpose whatsoever!
..
Another annoyance is when the courts give someone who has been driving whilst banned, just a further driving ban! - They're already showing the Law no respect and are driving whilst banned so what difference is a further ban going to make to them?
I agree. The general principle is that the ban should be for the whole of the custodial term. To use your example, 8 years immediate custody = 8 year ban. The offender is eligible for automatic release after 4 years. There would actually be no need for this new law if all sentencers had properly dealt with the disqualification period. ..
Another annoyance is when the courts give someone who has been driving whilst banned, just a further driving ban! - They're already showing the Law no respect and are driving whilst banned so what difference is a further ban going to make to them?
Possibly as a deterrent. DWD is a serious offence, which very often results in a custodial setence. My own personal view is that if you DWD then the ban should effectively start again (from the day of sentence) and tough luck if you're nearly at the end of the disqualification period.
Dr Jekyll said:
Wouldn't it make more sense to specify bans in terms of an end date rather than a period?
EG six months jail and disqualified until 8/5/18 irrespective of getting released early, sent back to jail, etc etc. Or would than mean changing a whole load of laws?
That's essentially the same as saying "18 month ban, 12 month sentence". EG six months jail and disqualified until 8/5/18 irrespective of getting released early, sent back to jail, etc etc. Or would than mean changing a whole load of laws?
In reality the answer would be to hook up the DVLA and Prison so the ban can start from the day of release from incarceration. The DVLA seem pretty good and hooking up systems, despite the knockers (e.g. online car tax, MoT checks etc.) Perhaps the MoJ isn't quite so on the ball.
I wonder what information the police have to hand in their cars regarding someone's prison record? Might have been easier to let the copper do the maths at the side of the road based on two data sources: a) Date of release from prison and b) Length of ban at original sentencing, specified to start from day of release
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