The law is a joke!

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Discussion

anonymous-user

54 months

Wednesday 3rd June 2015
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Scuffers said:
La Liga said:
Scuffers said:
letting an unlicensed driver drive a car is knowingly allowing them to commit an offence, period.
Who is disputing otherwise? We've been talking about which offences and where the lender's liability ends.
you are!

Nobody is suggesting that he is charged with manslaughter, however, he should be charged with aiding and abetting.
I'm disputing the inaccurate applications of the these (albeit superficial) circumstances to the law.

Scuffers said:
this is usually brought up when a child takes their parents car and crashes it.

the parents have to say they stole it or face charges for allowing them to take it.
They can straddle the middle and go for the theft but refuse to complain / give a statement.

If they do go down the 'use, cause or permit' route, find some examples of them being culpable for serious collisions / death if it occurs. Same principle as here.

otolith said:
Not having a licence is not necessarily indicative of not being able to drive safely, but particularly where the person has never held a licence it is unreasonable to assume that they are competent. We don't let unqualified drivers drive unsupervised, because doing so is considered too risky to be allowed.

Whether it is legally feasible to punish the guy is another question, but morally he is culpable for the death, IMO. At the very least he should have the book thrown at him for any offences he did commit - if it is possible to prosecute him for permitting someone else to drive without insurance, and not in accordance with his licence, for example.
I've been sticking with the legal application, since that was the source of the question / point.





otolith

56,147 posts

204 months

Wednesday 3rd June 2015
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The legal side would need investigation, a charging decision and a court to clarify it, I think. I hope whatever can be pinned upon him, is.

BlackLabel

13,251 posts

123 months

Tuesday 9th June 2015
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As well as being jailed for 6 years he was also banned from driving for 6 years. Does anyone know when the ban starts, is it when he leaves prison? If not then the driving ban seems rather pointless.

e21Mark

16,205 posts

173 months

Tuesday 9th June 2015
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BlackLabel said:
As well as being jailed for 6 years he was also banned from driving for 6 years. Does anyone know when the ban starts, is it when he leaves prison? If not then the driving ban seems rather pointless.
It runs whilst he's in jail.

There's also a precedent I believe, where the authorities don't like prisoners to be released with a ban in place, as it's seen as being likely they'll offend by driving. I'm sorry if I haven't worded this clearly but the bottom line is that they'd be set up to fail.