Proposal to end pleas of "exceptional hardship."

[thirdcrank]

With apologies, I've only found this online in the Daily Telegraph, but Marc Jones, newly-elected (Tory) chair of the Association of Police and Crime Commissioners (APCC) is reported to be "demanding" an end to the "exceptional hardship" escape from a totting-up ban. It's reported that Nick "Mr Loophole" Freeman agrees because the system is being exploited.

There may be more to this than meets the eye, but on the face of it, it's one to support.

https://www.telegraph.co.uk/news/2021/0 ... ification/

[kylecycler]

The perpetrator of this foul deed (discussed in a thread here at the time) got off because he was on long term disability benefits and his wife was his registered carer...



Don't know if that fell under the 'exceptional hardship' category but I suppose it did.

[Jdsk]

The perpetrator of this foul deed (discussed in a thread here at the time) got off because he was on long term disability benefits and his wife was his registered carer...



Don't know if that fell under the 'exceptional hardship' category but I suppose it did.

That looks like this:

https://www.bbc.co.uk/news/uk-england-n ... e-35472617

which tells a different story.

Jonathan

[thirdcrank]

This proposal refers to "totting up" IIRC introduced long ago by one Ernest Marples and now dealt with under s35 of the Road Traffic Offenders Act 1988 which, broadly prescribes 6 or 12 months disqualification when an offender accumulates 12 points (subject to twiddly bits.)

The sentencing court can find special reasons not to disqualify, and the bit relevant to my link is in s35 (4) (b) which says

No account is to be taken (...) of the following circumstances—
(...)
(b)hardship, other than exceptional hardship,

https://www.legislation.gov.uk/ukpga/1988/53/section/35

[kylecycler]

That looks like this:

https://www.bbc.co.uk/news/uk-england-n ... e-35472617

which tells a different story.

Jonathan

The lad posted a follow-up video about the trial:

https://www.youtube.com/watch?v=enlYjxfR5Ic&t=717s

Right enough, though, that wasn't why he got off, just why the sentence was so lenient and the fine was reduced. I misremembered the circumstances. Justice certainly wasn't done anyway.

[Jdsk]

Cycling UK: "New report highlights human cost of loophole in law on driving offences"
https://www.cyclinguk.org/press-release ... g-offences

https://www.cyclinguk.org/sites/default ... diesb2.pdf

Jonathan

[Bonefishblues]

Is it just me who rankles at a perfectly valid part of Statute being called a loophole?

It's not a loophole, irrespective of whether it's being overused/abused (and I agree with that latter point, for the avoidance of doubt).

Rantette over

[Pete Owens]

but that is exactly what loopholes are.

[Oldjohnw]

A loophole is an unintended factor or ambiguities in a law which allows some avoidance of a responsibility that was not envisaged when the law was drafted.

[biketips666]

From the Telegraph article:

"In 2020, a total of 4,364 motorists were allowed to stay on the roads despite totting up enough points to warrant a ban."

That's an astonishing number, to me at least. I don't know how many trials or fines/points there are every year, but it must be a very large number, if 4,364 of them would result in exceptional hardship.

I thought the idea behind legal punishment was that it was inconvenient. Like going to prison, that sounds like a real nuisance.

Does anybody know if there's any sort of balancing punishment for avoiding the ban? Like a larger fine. Maybe there should be:

"OK, we won't take away your license, but the fine is £5,000". Something like that.

Or even better:

"OK, we take away your licence for 12 months, or you go to prison for a month. Your choice"

[Bonefishblues]

but that is exactly what loopholes are.

No it isn't. This was built into the law very deliberately. It is simply being overused and needs reining in.

[Jdsk]

That's an astonishing number, to me at least. I don't know how many trials or fines/points there are every year, but it must be a very large number, if 4,364 of them would result in exceptional hardship.

Explanatory Material from the Sentencing Council:
https://www.sentencingcouncil.org.uk/ex ... ification/

Jonathan

[thirdcrank]

I thought that "Loophole" was one of the most successful marketing gimmicks in history bring fame and fortune to an otherwise unremarkable solicitor and his company and at no cost (other than the fee for the copyright.)

[Bonefishblues]

I thought that "Loophole" was one of the most successful marketing gimmicks in history bring fame and fortune to an otherwise unremarkable solicitor and his company and at no cost (other than the fee for the copyright.)

This for sure.

As an example of a 'proper' loophole, I'd cite the fact that the law on handheld devices in vehicles had to be changed since the law was initially written to include making a call only.

[Pete Owens]

but that is exactly what loopholes are.

No it isn't. This was built into the law very deliberately. It is simply being overused and needs reining in.

Which is of course the way ALL loopholes come into being.

Unless you are suggesting tthere are some laws that come into statute accidently due to a random slip of the quill on the goat skin.