Proposal to end pleas of "exceptional hardship."
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Proposal to end pleas of "exceptional hardship."
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/
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
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Re: Proposal to end pleas of "exceptional hardship."
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.
Don't know if that fell under the 'exceptional hardship' category but I suppose it did.
Re: Proposal to end pleas of "exceptional hardship."
That looks like this:kylecycler wrote: ↑17 Jul 2021, 3:18pm 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.
https://www.bbc.co.uk/news/uk-england-n ... e-35472617
which tells a different story.
Jonathan
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Re: Proposal to end pleas of "exceptional hardship."
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
The sentencing court can find special reasons not to disqualify, and the bit relevant to my link is in s35 (4) (b) which says
https://www.legislation.gov.uk/ukpga/1988/53/section/35No account is to be taken (...) of the following circumstances—
(...)
(b)hardship, other than exceptional hardship,
- kylecycler
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Re: Proposal to end pleas of "exceptional hardship."
The lad posted a follow-up video about the trial:Jdsk wrote: ↑17 Jul 2021, 3:22pmThat looks like this:
https://www.bbc.co.uk/news/uk-england-n ... e-35472617
which tells a different story.
Jonathan
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.
Re: Proposal to end pleas of "exceptional hardship."
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
https://www.cyclinguk.org/press-release ... g-offences
https://www.cyclinguk.org/sites/default ... diesb2.pdf
Jonathan
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Re: Proposal to end pleas of "exceptional hardship."
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
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
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Re: Proposal to end pleas of "exceptional hardship."
but that is exactly what loopholes are.
Re: Proposal to end pleas of "exceptional hardship."
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.
John
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Re: Proposal to end pleas of "exceptional hardship."
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"
"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"
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Re: Proposal to end pleas of "exceptional hardship."
No it isn't. This was built into the law very deliberately. It is simply being overused and needs reining in.
Re: Proposal to end pleas of "exceptional hardship."
Explanatory Material from the Sentencing Council:biketips666 wrote: ↑6 Aug 2021, 8:09amThat'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.
https://www.sentencingcouncil.org.uk/ex ... ification/
Jonathan
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Re: Proposal to end pleas of "exceptional hardship."
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.)
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Re: Proposal to end pleas of "exceptional hardship."
This for sure.thirdcrank wrote: ↑6 Aug 2021, 9:15am 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.)
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.
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Re: Proposal to end pleas of "exceptional hardship."
Which is of course the way ALL loopholes come into being.Bonefishblues wrote: ↑6 Aug 2021, 8:32amNo it isn't. This was built into the law very deliberately. It is simply being overused and needs reining in.
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.