Chance to have YOUR say on Sentencing Council's driving disqualification guidelines

The Sentencing Council published today its proposals to provide more guidance to courts for sentencing drivers who claim exceptional hardship when facing disqualification.

The body is responsible for developing sentencing guidelines which courts in England and Wales must follow when passing a sentence.

It consults on its proposed guidelines before they come into force and on any proposed changes to existing guidelines.

This most recent consultation relates primarily to Magistrates' Courts Sentencing Guidelines (MCSG) and covers: driving whilst disqualified, breach of a community order and totality.

The Sentencing Council sets out in its consultation document: "The proposed new guidance covers ‘totting up’ disqualifications, which are imposed when an offender incurs 12 or more points on their licence.

"Drivers can avoid disqualification if they successfully claim that not being able to drive would lead to 'exceptional hardship'.

"The new guidance sets out clearly what the courts should have regard to when considering whether there are grounds to reduce or avoid a disqualification due to exceptional hardship."

This is as follows:

• The test is not inconvenience or hardship, but exceptional hardship for which the court must have evidence – which may include the offender's sworn evidence.

• Some hardship is likely to occur in many if not most orders of disqualification.

• Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable.

• Loss of employment will not in itself necessarily amount to exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.

• The more severe the hardship suffered by the offender and/or others as a result of the disqualification, the more likely it is to be exceptional.

Sentencing Council Chairman Lord Justice Holroyde said: "Sentencing guidelines are used in magistrates’ courts throughout England and Wales on a daily basis and it is important that they provide clear guidance to court users.

"This consultation is in response to requests from magistrates for changes to provide more information and bring greater clarity to these guidelines.

"We are keen to hear views on the proposals from magistrates, others working in the criminal justice system and anyone else with an interest in sentencing."

The consultation also includes proposals to:

• Clarify the guideline for driving while disqualified to make it clear that an existing disqualification period should be added to any new disqualification period imposed by the court so that both are served in full.

• Amend the guideline for sentencing offenders who have breached a community order, to make it clear that the order can be extended to allow time for completion of extra requirements (such as unpaid work) but not as a standalone punishment.

• Clarify that the order of priority for financial penalties is: compensation, surcharge, fine and lastly costs where an offender has insufficient resources to pay them all.

The Sentencing Council had considered replacing the current non-binding guidance on sentencing for "drug offences" with definitive sentencing guidelines, as part of this consultation.

But it decided to consult on this at a later date, once more evidence has been gathered.

The outlined consultation runs for 12 weeks from today, until April 15.

It is open to everyone, including members of the judiciary, legal practitioners and any individuals who work in, or have an interest in criminal justice.

To have your say, and for more informaiton, visit: sentencingcouncil.org.uk/consultations/