Disqualified Driving Flashcards
Define Section 24(2) Police and Criminal Evidence Act 1984
A constable may arrest without warrant any person driving / having driven a motor vehicle on a road whom he/she has reasonable cause to suspect of
being disqualified.
Explain the power of entry for the police relating to an offence under Sec 163 road traffic act 1988.
Power of entry – Sec 17(1) PACE identifies a power of entry for a constable to arrest a person for an offence under Sec 163 Road Traffic Act 1988 (Fail to stop when required to do so by a constable in uniform).
This power may be applicable to this offence depending on the circumstances.
For example, if a driver has failed to stop for an officer when required to do so, abandons the vehicle and enters a nearby house, the officer would have a power of entry as outlined above.
Explain the offence of driving whilst disqualified including any possible defences.
Section 103 Road Traffic Act 1988:
A person is guilty of an offence if, while disqualified
from holding or obtaining a licence, he -
* obtains a licence, or
* drives a motor vehicle on a road
The Defences:
* Unaware of disqualification
* Driving under Duress
* R v Derwentside refers to the requirement that there must be proper evidence that a driver was disqualified
* R v Martin, 1988 Necessity Defense. This is a case about driving while disqualified, but is used to set
out the general conditions for a defense of “necessity” to succeed.
Describe the routes by which a person can be disqualified from driving.
-
Penalty points - If a person has 12 or more penalty points on their licence within a three year period, from the date of the first offence, then they are liable to disqualification under the ‘totting up’
procedure. - Obligatory - Where a person is convicted of an offence for which the relevant legislation states that the court MUST disqualify the offender from driving for a specified period of time. Disqualification is obligatory for example in cases such drink driving or causing death by dangerous driving.
- DTTP– Disqualified until test passed
- Discretionary – Where the relevant legislation states that the convicting court MAY disqualify a person from driving if they consider the circumstances of the offence or the previous driving record of the offender makes disqualification appropriate.
- Disqualified where driving is involved in serious crime
Identify the meaning of the terms ‘obligatory disqualification’ and ‘discretionary disqualification’.
- Obligatory - Where a person is convicted of an offence for which the relevant legislation states that the court MUST disqualify the offender from driving for a specified period of time.
- Discretionary - Where the relevant legislation states that the convicting court MAY disqualify a person from driving if they consider the circumstances of the offence or the previous driving record of the offender makes disqualification appropriate.
State what offences caryy obligatory disqualification
Manslaughter
Aggravated vehicle taking
Dangerous driving
Causing death by dangerous driving
Over the limit of alcohol or refuse to provide a specimen for analysis
Whilst unfit through drink or drugs
Describe how to establish whether a person has been disqualified from driving.
- Admissions by the defendant.
- Providing witnesses who were present at the time of the disqualification, e.g. Police/clerk of the court.
- Documentary evidence, i.e. court records, DVLA records, fingerprint evidence taken at the time of the initial or previous disqualification showing date and offence.
- PNC records showing date and court must be checked.
Explain police powers in relation to the offence of ‘driving whilst disqualified’
Section 24(2) Police and Criminal Evidence Act 1984
A constable may arrest without warrant any person driving / having driven a motor vehicle on a road whom he/she has reasonable cause to suspect of
