Quick disqualification question

[anonymous-user]

If someone is found guilty at trial of death by careless driving, but haven't yet been sentenced, would their licence has been revoked yet or would that happen at sentencing? And if disqualified, can they still drive on private land?
Thanks in advance

[SteveR1979]

If they haven't been sentenced then the licence hasn't been revoked.

Would be done as part of sentencing

[XCP]

and yes, they can drive on private land, in the same way as anyone without a licence can.

[agtlaw]

skintemma said:

If someone is found guilty at trial of death by careless driving, but haven't yet been sentenced, would their licence has been revoked yet or would that happen at sentencing? And if disqualified, can they still drive on private land?
Thanks in advance

Revocation and disqualification are not interchangeable terms.

The answer is it depends whether an interim disqualification was imposed by the trial judge. It usually would be where disqualification is mandatory (e.g. CDCD or CDDD) but it isn’t automatic and some judges don’t impose an interim disqualification if proceedings are adjourned for sentence.

Depends if the private land is a road or other public place.

[CanAm]

agtlaw said:

Revocation and disqualification are not interchangeable terms.

The answer is it depends whether an interim disqualification was imposed by the trial judge. It usually would be where disqualification is mandatory (e.g. CDCD or CDDD) but it isn’t automatic and some judges don’t impose an interim disqualification if proceedings are adjourned for sentence.

Depends if the private land is a road or other public place.

A concise, correct answer with no sarcasm. If only more on PH were the same.

[anonymous-user]

Thanks Agtlaw. That's helpful. The land is a private driveway (the public, postman etc has access to it - not gated), I'm assuming if disqualified, they would need permission from the landowner but not sure whether it having public access makes a difference? I have had a google but would prefer to know what the law is rather than rely on various internet sites! If they were disqualified and had an accident, who would be liable? The driver or the landowner?
Thanks all.

[Old Merc]

skintemma said:

Thanks Agtlaw. That's helpful. The land is a private driveway (the public, postman etc has access to it - not gated), I'm assuming if disqualified, they would need permission from the landowner but not sure whether it having public access makes a difference? I have had a google but would prefer to know what the law is rather than rely on various internet sites! If they were disqualified and had an accident, who would be liable? The driver or the landowner?
Thanks all.

Over to you AgtLaw ? I would say that if the drive is open and used by Jo Public (like a supermarket car park) the cars must be fully insured. Someone without a licence wont be insured.

[agtlaw]

That doesn't sound like a 'road' but it might be a 'public place.' A site visit would be helpful.

See Richardson [2018] EWHC 428 (Admin) at para 23 et seq. for a recent synopsis of the law pertaining to 'public place.'

[anonymous-user]

Thank you, think I'll drop you a line.