Motorist banned for trying to warn oncoming traffic of speed trap!
06-05-2004, 01:28 PM
#64
Registered User
I think I've got the full SP on this now...
It seems that even though the act is dated 2000, the powers have only been available to the courts since 1st January, 2004
"Powers of Criminal Courts (Sentencing) Act 2000
Section 146:
Driving disqualification for any offence. 146. - (1) The court by or before which a person is convicted of an offence committed after 31st December 1997 may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
(2) Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed under section 109(2), 110(2) or 111(2) above, subsection (1) above shall have effect as if the words "instead of or" were omitted.
(3) A court shall not make an order under subsection (1) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(4) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce-
(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the meaning of Part III of the Road Traffic Act 1988), his Community licence and its counterpart (if any).
(5) In this section-
"driving licence" means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;
"counterpart"-
(a) in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act; and
(b) in relation to a Community licence, has the meaning given by section 99B of that Act.
Driving disqualification where vehicle used for purposes of crime. 147. - (1) This section applies where a person-
(a) is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more; or
(b) having been convicted by a magistrates' court of such an offence, is committed under section 3 above to the Crown Court for sentence.
(2) This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).
(3) If, in a case to which this section applies by virtue of subsection (1) above, the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence.
(4) If, in a case to which this section applies by virtue of subsection (2) above, the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence.
(5) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce-
(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the meaning of Part III of the Road Traffic Act 1988), his Community licence and its counterpart (if any).
(6) Facilitating the commission of an offence shall be taken for the purposes of this section to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.
(7) In this section "driving licence" and "counterpart" have the meanings given by section 146(5) above.
It seems that even though the act is dated 2000, the powers have only been available to the courts since 1st January, 2004
"Powers of Criminal Courts (Sentencing) Act 2000
Section 146:
Driving disqualification for any offence. 146. - (1) The court by or before which a person is convicted of an offence committed after 31st December 1997 may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
(2) Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed under section 109(2), 110(2) or 111(2) above, subsection (1) above shall have effect as if the words "instead of or" were omitted.
(3) A court shall not make an order under subsection (1) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(4) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce-
(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the meaning of Part III of the Road Traffic Act 1988), his Community licence and its counterpart (if any).
(5) In this section-
"driving licence" means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;
"counterpart"-
(a) in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act; and
(b) in relation to a Community licence, has the meaning given by section 99B of that Act.
Driving disqualification where vehicle used for purposes of crime. 147. - (1) This section applies where a person-
(a) is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more; or
(b) having been convicted by a magistrates' court of such an offence, is committed under section 3 above to the Crown Court for sentence.
(2) This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).
(3) If, in a case to which this section applies by virtue of subsection (1) above, the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence.
(4) If, in a case to which this section applies by virtue of subsection (2) above, the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence.
(5) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce-
(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the meaning of Part III of the Road Traffic Act 1988), his Community licence and its counterpart (if any).
(6) Facilitating the commission of an offence shall be taken for the purposes of this section to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.
(7) In this section "driving licence" and "counterpart" have the meanings given by section 146(5) above.
06-05-2004, 01:35 PM
#65
Registered User
If I interpret it correctly then, the applicable section reads:
the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of facilitating the commission of, the offence in question.
That to me says that an offence had to have been commited by somebody driving a car for them to be able to ban the guy. Seems a bit on the flimsy side, hope he gets off on appeal.
the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of facilitating the commission of, the offence in question.
That to me says that an offence had to have been commited by somebody driving a car for them to be able to ban the guy. Seems a bit on the flimsy side, hope he gets off on appeal.
06-05-2004, 01:39 PM
#66
Registered User
This was before the magistrates though, and having read it through several times, I just don't see where they seem to be given the power in this instance? Perhaps I'm being thick! 
BTW it says 'used' in relation to a motor vehicle - not driven, so if for example he's displayed his notice in or on the car, then it falls under this section. 'Used to facilitate the commission of the offence' seems pretty open to wide interpretation anyway, so even if he'd only used the car to get there, he'd still seem to be in play!
BTW it says 'used' in relation to a motor vehicle - not driven, so if for example he's displayed his notice in or on the car, then it falls under this section. 'Used to facilitate the commission of the offence' seems pretty open to wide interpretation anyway, so even if he'd only used the car to get there, he'd still seem to be in play!
06-06-2004, 12:30 AM
#68
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Where is the sense in this? I was amazed when MT said he had been cautioned not to warn motorists. This is truly ridiulous. Do the police want people to exceed speed limits?
OK - don't answer that - I already know.
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