Road Traffic Law for Criminal Practitioners

Hello on. Welcome through this 20 minute bite sized weapon off. I'm presenting this on Behalf Off. Day to Law at my name is Colleen Beaumont. Qualified as a barrister under solicitor. I spent many years as a legal adviser. I spent a fair few years as a defense lawyer. Now retired. Um, I retired in 2016. No points on my licence. I'm at peace to say what I have Bean on the young, this speed awareness course low traffic law for criminal practitioners. A practical guide. It's only going to last 20 hits. Let's have a look at these. 12 Point shall wait. Point number one. Please ensure that you flag up all of the trial issues once a not guilty plea has been hinted. And please put them on the preparation for ineffective trial form. The most recent case in this area is the case of Dick Carney, a claimant on the city of London at Magistrates Court 2017. This was a case in a nutshell. Where the defense had acted properly, they had flagged up the issues. They notified the CPS of the why mints the need for the witness to attend on that witness being the person who carried out the young procedure the police station, because this was a case involving on excess alcohol on the CPS did not bring that weakness on to court. There was an application for in a German, as I understand it, which was granted on the high court, taking the view that it really ought not to have bean granted because, as I say, the defense has been very fair with CPS on had flagged up the relevant trial issues. And this case is to be distinguished from the case of Hassani, which you should also get hold off. Hassani, Ph a double s A and I in which there was some criticism of the defense as it were, because they sought to put the crown for proof on numerous issues. And I think many of us it would agree now that that is not within the spirit at the criminal procedure warns. I mean, we are still as the defense entitled to put the crown to proof off certain issues, but those issues must be clarified with the crown on. Not only must the defense say it is an issue, but they must also say why it's an issue, as in, Why do we not accept the print count from the machine? So please do have a read of the colony and have a read of Hassani to get hold of the guidance, please published by the Sentencing Council in relation to drug driving. It's on their website came into force in November 2016 and it gives guidance at surrounding the circumstances in which the defendant might face something more than a fine. For example, he might have crossed the community threshold or even he might give across the custody threshold on the guidance gets. If the list of four factors increasing seriousness and the guy that's also gives a non exhaustive list off aggravating features on mitigating features, So do please get hold of that. Put it in your than called pack because you might be called upon to deal with one of these clients that when you're acting in your capacity as the court duty solicitor three Do be aware of how the proceedings were commence. Informations and summons is now a very rare, and it tends to be written challengers and requisitions of the most at both profit stuff And, of course, it's the single justice procedure as well, whereby a lot of these matters now are dealt with by a single justice in the retirement boom with the legal adviser no prosecutor present do have a look, please at Part seven of the Criminal Procedure Rules 2000 and 15. It's not scary. It's not very long. It'll take you a couple of minutes to read Part seven. Your knowledge of the commencement of proceedings. Insofar as written charges and requisitions are concerned, it will be greatly enhanced point full penalty points on the three year room. The problem some people difficulty with broke traffic for some people is that the rules are different, according to the question that's being posed. The question I posed in this instance is, for how long are penalty points relevant? Answer. They are relevant. Three years. Commission of offence to commission off offense. There it is. Section 29 2 of the Road Traffic Offenders Act 1988. So essentially most of the time, you're taking the commission date at the latest of today's offense. Let's imagine that's the 16th of February 2000 and 18. You're then going back for the three year period do the 17th of February 2000 and 15 and you're asking, Really the question? Has my climb committed any offenses during that three year period? Because if they have on points were put on their record at Swansea. Those points, of course, will be added to today's points on def. They made 12 or more than that. Time is what we call a totter. He tops up 12 points or more sections. There he finds off the road Traffic Offenders Act 1980 years, funny at the starting point for disqualification as a doctor under section 35 2 of the Road Traffic Offenders Act 1988. Well, of course, it's six months, normally for a first time Qatar that that do be careful of people who have other things on their record, where by their starting point on a first time talking up is 12 months or even a starting point off two years. These patriots are set out for you in section 35 to of the Road Traffic Offenders Act 1988. In a nutshell. If the client has a disqualification off 56 days, or Mawr imposed within three years of the commission date of today's offense. The starting point when they topped is 12 months, and it needn't. It need not be a previous totting up a disqualification. It merely has to be a disqualification of 56 days or Mawr. That's eight weeks, or mawr, imposed within three years at the commission date of today's offense. Why it might be two months for no insurance. That's more than 56 days to 28 56. It might be a two month disqualification for speeding on the motorway. As I say, the previous disqualification need not be for totting up, although it might be any disqualification for totting up of two months or MAWR within the three years prior to the commission date of today's offense would, of course, camp if the client has to a warm or such disqualifications of 56 days, or Mawr imposed within three years at the commission date off. The latest off today's offenses than the starting point for a disqualification of the totter is one off two years. So one and it's 12 months to or mawr on. The starting point is two years now. If it were me and I was dealing with such a client, I'd ask them to come to the office and I asked them to bring the following information so that we could access their record of swan tea together. The information I want from them, their driver number which of course, is available from the plastic card that they've got their national insurance number and the postcode in which ones he have been recorded as the keeper off a vehicle. If indeed they are the keeper off the vehicle. Armed with those bits of information, you can access the clients record together in the office by getting onto the Swansea website website. You can then see for sure whether or not the client has anything in his or her past, which might be problematic. When we go to call, I'm sure you'd agree. That's a very useful piece of information. Tohave point in six mander to disqualifications save for special reasons under Section 34 1 of the Road Traffic Offenders Act 1988 Section 34 1 at lists a number off circumstances in which there is a mandatory disqualification and of course, it's a minimum period off 12 months unless special reasons are successfully argued whereby the court doesn't want to impose at disqualification at all classic examples of mandatory disqualifications within Section 34 1 But here's a few driving on then failing to provide a specimen attempting to drive on, then failing to provide a specimen driving or attempting to drive us in. Paid through drink or drugs, a driving or attempting to drive on, then producing a specimen over the limit. Drugged driving or drug, attempting to drive dangerous driving, aggravated vehicle taking in brackets, dangerous driving. And then, of course, you have those offenses causing death, causing get by careless driving when under the influence of green called drugs, causing death by dangerous driving, causing death in brackets driving whilst disqualified. There's a whole host of them, and they all carry mandatory disqualifications under section 34 1 minimum 12 months. Most of the time, maximum went maximum matter for the court. Parliament doesn't have ever given indication of what a maximum disqualification should be, so that's always left to the court. I assume in theory, therefore, the maximum disqualification could be life minimum, usually 12 months. Discretionary disqualifications Section 34 2 up the road traffic offenders at 1988 and this is point number seven. Do Please don't forget that for every offense, which is endorse Herbal with penalty points, the court could, in lieu of points, give a discretionary disqualification on the offense itself. It's entirely discretionary. So I assume the minimum period of discretionary band would be one day. The maximum period of a discretionary ban would be life. I think the clue is, in the word discretion. When might the client be a risk of a discretionary disqualification? Well, certainly examples come to mind. Firstly, the client who repeatedly drives without insurance. Secondly, the person who drives at twice the speed limit in a given area 80 in afforded 60 in a 30. The client who commits a very, very bad offense of careless driving almost bordering on dangerous driving. The client who does mawr than 100 miles an hour on the motorway. Now, ordinarily, all of those offenses that I just mentioned that would be endorse a ble at by penalty points. But of course, it's within the court's discretion as to whether or not they want to give a discretionary disqualification on the offense at rather than points but you can't have both the authority for saying you can't have both is RV Martine M A r T i n. So do please give some thought to whether or not the client might be a risk on a discretionary disqualification under 34 to Point number eight, Section 30 Funny A and Section 35 b of the Vote Traffic Offend Offenders Act 1988 on the case of Paul, Maurice, Needham and others. Now, some people that struggle with these new sections are these new issues to Section 35. Let me explain them for if I made a simply as I can, using a couple of illustrations. Firstly, the Magistrates have just sent the client to prison for a period off for months. That is a determinant sentence. He will serve two. He will be licensed for two. Furthermore, they want to disqualify on the same events. Of course, the four months might have bean imposed for destroying monsters qualified. They want to disqualify for 12 months. If that's the case, 35 35 a. Requires them to extend that 12 months disqualification by appearance off two months. So the ban, which starts today on the date of its pronouncement is a 12 month ban with an extension off two months? Why? Why is it being extended for two months? Well, let me tell you, he's just being sent to prison for four months. He's therefore going to be inside for two. Parliament takes the view that that disqualification should only begin to hurt on the date off his release. So once he's done his two months inside and he's released, he is then disqualified for 12 months. Think about it. If they didn't extend that 12 months disqualification with starts today, of course, on the date of its pronouncement, well, two of those months would be of no consequence to him because he's inside for two months, having just being given for now. Here's the example under 35. Big again. It's a Magistrates court example. The Magistrates have just imposed four months imprisonment for dangerous driving. They want to give four months for an entirely young related assault matter. The client has now being sent to prison for eight months because the two periods have Bean made consecutive to one another. You'll see immediately that now he's serving four months because he was given an eight month sentence, so the two month extension under 35 a isn't enough. The matter can be adjusted under Section 35 B at by a further two months, two plus two, a four that now takes him to the halfway point off at eight month sentence. So 35 b comes into place by way of a discretion readjustment where there's a consecutive sentence being imposed for a non motoring offence. 0.9 disqualifications until retest section 36. Watch out for this. If your client is disqualified for a fixed period and also disqualified until retest, it simply means that at the end of the disqualification period, he's being reduced to the status of being a learner driver. He could run. He wants. His disqualification is finished, so long as he had pains. A provisional licence displays out plates and, of course, has a qualified passenger in the vehicle with him. And if he doesn't we know from authority, don't we, Hunter and Coombs that he commits the offence of driving whilst disqualified 0.10. Yes, you could appear, and you can go to the Crown Court. And of course, if you do appeal a road traffic matter and you go to the crown call. You would always apply for a period of disqualification from driving to be suspended pending the appeal. 11 defendants costs orders that they're still around. If your client is paying you privately and you're successful in the Magistrates court, you could apply for a defendant's costs order. The bad news, of course, is the national taxing Team will tax the order at legal aid rates, meaning that your kind is probably still out of pocket and finally 0.12 probation re drivers we know go way that people who have passed their test at are now and have been for many years, subject to a two year probationary period. The Lord says that for two years after the policy of your first test, you are subject to probation. And if you commit offenses during your probationary period, Andi, if you hit the magic six points during your probationary period, Swansea will revoke your full licence on put you back into the status of being a learner driver. It is important that this is not being done by the court. This is done by a notice sent from Swansea, probably about 21 days after the court hearing, and it's very important that you understand that you don't have to acquire all six points during your probationary period. You just have to hit the Magic six. In other words, if you've got three points already before you pass your test and you get another three points for an offence committed during your probationary period, Swansea will add the three to the three and mate six on Revoke the license. But the three year old commission of offence to commission of offence still applies. In other words, if those 1st 3 points were 18 months before you passed your test, you only have to be careful during the 1st 18 months off your two year probation repayment. Well, that's it. That's the 20 minutes over. Thank you very much for watching this particular webinar on for listening to May. I hope you found it useful. There are a number off these bites. Sonny's webinars are produced by a major law, and I look forward to your company again in the not too distant future. Thank you