Disqualified Driving

Question 1

Define Section 24(2) Police and Criminal Evidence Act 1984

Answer 1

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.

Question 2

Explain the power of entry for the police relating to an offence under Sec 163 road traffic act 1988.

Answer 2

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.

Question 3

Explain the offence of driving whilst disqualified including any possible defences.

Answer 3

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.

Question 4

Describe the routes by which a person can be disqualified from driving.

Answer 4

• 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

Question 5

Identify the meaning of the terms ‘obligatory disqualification’ and ‘discretionary disqualification’.

Answer 5

• 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.

Question 6

State what offences caryy obligatory disqualification

Answer 6

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

Question 7

Describe how to establish whether a person has been disqualified from driving.

Answer 7

• 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.

Question 8

Explain police powers in relation to the offence of ‘driving whilst disqualified’

Answer 8

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