On 03/09/2019 09:22, Roger Hayter wrote:
Robin wrote:

On 02/09/2019 23:49, Roger Hayter wrote:

snip


I believe magistates can disqualify people from driiving as a punishment
for almost any offence, not necessarily a road related one, if they
feel it is an appropriate punishment. Furthermore, many of those they
disqualify, even for driving offences, do not have licences. The
disqualification makes it impossible for them to get a licence, and also
makes the penalties more severe if they drive again. So it is not
actually far-fetched disqualifying a non licence holder. Although a
bit pointless if they don't actually want to drive a car.


I'm a "doubting Thomas" who would need evidence to support your belief -
i.e. I'd want to know what legislation provides the power for a court to
"disqualify people for almost any offence". AFAIK it's only a
discretionary option if the legislation for the offence provides for it
(see section 34 of the Road Traffic Offenders Act 1988 (as amended)).
And those are "endorsable offences" plus TWOC.

http://www.legislation.gov.uk/ukpga/2000/6/section/146

I must admit I thought it a little draconian at the time it was passed.
Mainly because it sets people up for further offences if they are
weak-willed even though there is not a driving element to their crime.


Thanks. That had patently passed me by. No excuse. And I see now that
sentencing guidelines require it to be considered in fly-tipping cases.



--
Robin
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