Driving penalties imposed without a driving offence?
Driving penalties imposed without a driving offence?
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Foss62

Original Poster:

2,001 posts

94 months

Wednesday 24th July 2019
quotequote all
The local paper had an article about Hare coursing and suggested that perpetrators could have their vehicles seized and receive a driving ban. I wondered if this was actually the case?Road traffic laws would not necessarily have been broken and the Police often seem unwilling to get involved with ‘trespassing’ type activities.
Following on from this, if the vehicle use is seen to be associated with the crime, then why are these penalties not imposed for things that are potentially even more disruptive than Hare coursing - fly tipping for example? A lost vehicle and a driving ban would be a far stiffer punishment than the derisory fines that seem to normally be imposed.

vonhosen

40,597 posts

246 months

Wednesday 24th July 2019
quotequote all
Foss62 said:
The local paper had an article about Hare coursing and suggested that perpetrators could have their vehicles seized and receive a driving ban. I wondered if this was actually the case?Road traffic laws would not necessarily have been broken and the Police often seem unwilling to get involved with ‘trespassing’ type activities.
Following on from this, if the vehicle use is seen to be associated with the crime, then why are these penalties not imposed for things that are potentially even more disruptive than Hare coursing - fly tipping for example? A lost vehicle and a driving ban would be a far stiffer punishment than the derisory fines that seem to normally be imposed.
Yes you can receive a driving ban for a non motoring offence.
ie Burglar who drove to venue banned.

Bigends

6,157 posts

157 months

Wednesday 24th July 2019
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Vehicles used in hare coursing and poaching are regularly seized and crushed. Ive not heard of anyone being banned from driving for simply using vehicles in crime with no driving offences disclosed. Ive found a similar case as posted by the OP relating to Poachers in Cambs. Four men were subject of injunctions preventing them from entering farm land during hare coursing season. The driver was ordered not to drive a 4wd vehicle during the coursing season - this is probably what the papers refer to as a ban.


Edited by Bigends on Wednesday 24th July 22:51

Graveworm

9,225 posts

100 months

Wednesday 24th July 2019
quotequote all
Foss62 said:
The local paper had an article about Hare coursing and suggested that perpetrators could have their vehicles seized and receive a driving ban. I wondered if this was actually the case?Road traffic laws would not necessarily have been broken and the Police often seem unwilling to get involved with ‘trespassing’ type activities.
Following on from this, if the vehicle use is seen to be associated with the crime, then why are these penalties not imposed for things that are potentially even more disruptive than Hare coursing - fly tipping for example? A lost vehicle and a driving ban would be a far stiffer punishment than the derisory fines that seem to normally be imposed.
Yep S 146 (For any offence so yes hare coursing) and S147 (Crown Ct more serious offences) Powers of the Criminal Courts (Sentencing) Act 2000 means a court can disqualify anyone for pretty much any offence. These can be used for fly tipping as well.

Vehicles used in connection with hare coursing (involving more than 5 people) can be forfeit under Section 4A Game Law (Amendment) Act 1960

Under Section 143 Powers of the Criminal Courts (Sentencing) Act 2000 a court can forfeit anything used in crime; that can include vehicles. However unlike above they to look at the value of the goods (Vehicle) and the impact of their loss alongside any other penalty.
It could also be used for fly tipping, but, with the totality restrictions, it's unlikely to happen. Also the CPS hate to do it for goods that are not already in the possession of the Police and that seldom applies to fly tipping.


agtlaw

7,403 posts

235 months

Wednesday 24th July 2019
quotequote all
Foss62 said:
The local paper had an article about Hare coursing and suggested that perpetrators could have their vehicles seized and receive a driving ban. I wondered if this was actually the case?
Yes; see s. 146 Powers of Criminal Courts (Sentencing) Act 2000 for the general disqualification provision.

Deprivation Orders are gaining popularity.

mike-v2tmf

889 posts

108 months

Thursday 25th July 2019
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Not heard of thhis in years buy shoplifters have had their cars seized ......even cars on HP