ADVANCED CRIMINAL LITIGATION
Topic 3 – ROAD TRAFFIC OFFENCES
S28,29,34,35,36,44,45,47 RTA 1998
Penalties Schedule 2 Part 1 Road Traffic Offenders Act 1988:
o Fines
o Penalty
o Endorsement/disqualification
o Imprisonment
1. Endorsement
s.44 RTOA 1988 provides for the circumstances which endorsement takes place.
• (1) Where a person is convicted of an offence involving obligatory endorsement, the
court must order there to be endorsed on the part of any licence held by him,
particulars of conviction, particulars of disqualification or if not disqualified, particulars
of the offence and penalty points.
• (2) Where the court does not order the person conviction to be disqualified, it need not
made an order under (1) above, if there are special reasons not to do so.
s.45 RTOA 1988 effective period of endorsement:
• (5) An endorsement ordered on a person’s conviction of an offence remains effective,
subject to subsections (6) and (7) below:
(a) If an order is made for the disqualification of the offender, until 4 years have elapsed
since the conviction.
(b) If no such order is made, until either 4 years have elapsed since the commission of
the offence or an order is made for the disqualification of the offender under s.35 of this
act.
• (6) Where the offence was one under s.1 or s.2 RTOA 1998 – causing death by
dangerous driving or dangerous driving, the endorsement remains effective until 4 years
have elapsed since the conviction.
• (7) Where the offence was one:
(a) s.3(a), s.4(1), s.5(1)(a) – driving offences connected with drink or drugs or
(b) s.7(6) – failing to provide a specimen involving obligatory disqualification or
(c) s.7(a)(6) – failing to allow a specimen be subjected to laboratory testing
- the endorsement remains effective until 11 years have elapsed since the conviction.
2. Imposition of Penalty Points
s.28 RTOA 1988 covers penalty points
• (1) Where a person is convicted of an offence involving obligatory endorsement, then
subject to the remaining provisions of this section, the number of penalty points to be
attributed to the offence is:
(a) The number shown in relation to the offence in the last column of part 1 or part 2 of
Sch 2 to this act;
(b) where a range of numbers is shown, a number within that range.
, ADVANCED CRIMINAL LITIGATION
• (4) Where a person is convicted, whether on the same occasion or not, of two or more
offences committed on the same occasion and involving an obligatory endorsement,
the total number of penalty points to be attributed to them is the number or highest
number that would be attributed to one of them. So that, if the convictions are on
different occasions, the number of penalty points to be attributed to the offences on the
later occasion/s shall be restricted accordingly. – E.G. if one offence is driving without a
licence (3-6 points) and other offence is driving with no insurance (6-8 points), the mags
may impose 3 points for the no license offence, and 8 points for the no insurance
offence. The license would be endorsed with both offences but only 8 points would be
shown. If the number of points for each offence are the same, the court would endorse
the most serious offence with the points. Whether the offences were committed on the
same occasion is a question of fact for each case – Johnston v Over (1984).
• (5) In a case where, apart from this subsection, subsection 4 above would apply to 2 or
more offences, the court may, if it thinks fit, determine that that subsection should not
apply to the offence or where 3 or more offences are concerned, to any 1 or more of
them. – SO, points can be aggravated if the court thinks fit, even if offences committed
on same occasions. Usually in bad driving cases, so if was the example above, the mags
could have aggravated the total points to 11.
• (6) Where a court makes such determination, it should state its reasons in open court
and, if it is a magistrate’s court, shall cause them to be entered into the register of its
proceedings.
Points imposed for offences committed on different occasions, must be aggravated.
If there is a disqualification for an offence (whether obligatory or imposed under
discretionary powers), no penalty points are endorsed on the license for other offences
committed on the same occasions (Martin v DPP [2000).
If there is disqualification for any of the substantive offences under s.34 RTOA, the court
does not endorse for penalty points for that offence. The counterpart is merely endorsed
with the particulars of the offence (Campbell [2010]).
The number of points applied to an offence should reflect the seriousness of an offence.
3. Disqualification from Driving
3 main ways a D could find himself disqualified:
(1) Obligatory disqualification (s.34(1)) – usually for more serious offences often involving
drink/drugs. Normal min period of obligatory disqualification is 12 months but certain
offences attract a min period of disqualification of 2 or 3 years. The exception to the
obligatory nature/minimum length of disqualification- if special reasons are found and
court exercises its discretion in favour of the D.
(2) Discretionary disqualification (s.34(2)) – usually in cases involving bad driving,
persistent offending or where vehicles are used in the commission of other crimes.
(3) Penalty Points Procedure (s.35) – usually where offender has repeatedly committed
minor driving offences.
Topic 3 – ROAD TRAFFIC OFFENCES
S28,29,34,35,36,44,45,47 RTA 1998
Penalties Schedule 2 Part 1 Road Traffic Offenders Act 1988:
o Fines
o Penalty
o Endorsement/disqualification
o Imprisonment
1. Endorsement
s.44 RTOA 1988 provides for the circumstances which endorsement takes place.
• (1) Where a person is convicted of an offence involving obligatory endorsement, the
court must order there to be endorsed on the part of any licence held by him,
particulars of conviction, particulars of disqualification or if not disqualified, particulars
of the offence and penalty points.
• (2) Where the court does not order the person conviction to be disqualified, it need not
made an order under (1) above, if there are special reasons not to do so.
s.45 RTOA 1988 effective period of endorsement:
• (5) An endorsement ordered on a person’s conviction of an offence remains effective,
subject to subsections (6) and (7) below:
(a) If an order is made for the disqualification of the offender, until 4 years have elapsed
since the conviction.
(b) If no such order is made, until either 4 years have elapsed since the commission of
the offence or an order is made for the disqualification of the offender under s.35 of this
act.
• (6) Where the offence was one under s.1 or s.2 RTOA 1998 – causing death by
dangerous driving or dangerous driving, the endorsement remains effective until 4 years
have elapsed since the conviction.
• (7) Where the offence was one:
(a) s.3(a), s.4(1), s.5(1)(a) – driving offences connected with drink or drugs or
(b) s.7(6) – failing to provide a specimen involving obligatory disqualification or
(c) s.7(a)(6) – failing to allow a specimen be subjected to laboratory testing
- the endorsement remains effective until 11 years have elapsed since the conviction.
2. Imposition of Penalty Points
s.28 RTOA 1988 covers penalty points
• (1) Where a person is convicted of an offence involving obligatory endorsement, then
subject to the remaining provisions of this section, the number of penalty points to be
attributed to the offence is:
(a) The number shown in relation to the offence in the last column of part 1 or part 2 of
Sch 2 to this act;
(b) where a range of numbers is shown, a number within that range.
, ADVANCED CRIMINAL LITIGATION
• (4) Where a person is convicted, whether on the same occasion or not, of two or more
offences committed on the same occasion and involving an obligatory endorsement,
the total number of penalty points to be attributed to them is the number or highest
number that would be attributed to one of them. So that, if the convictions are on
different occasions, the number of penalty points to be attributed to the offences on the
later occasion/s shall be restricted accordingly. – E.G. if one offence is driving without a
licence (3-6 points) and other offence is driving with no insurance (6-8 points), the mags
may impose 3 points for the no license offence, and 8 points for the no insurance
offence. The license would be endorsed with both offences but only 8 points would be
shown. If the number of points for each offence are the same, the court would endorse
the most serious offence with the points. Whether the offences were committed on the
same occasion is a question of fact for each case – Johnston v Over (1984).
• (5) In a case where, apart from this subsection, subsection 4 above would apply to 2 or
more offences, the court may, if it thinks fit, determine that that subsection should not
apply to the offence or where 3 or more offences are concerned, to any 1 or more of
them. – SO, points can be aggravated if the court thinks fit, even if offences committed
on same occasions. Usually in bad driving cases, so if was the example above, the mags
could have aggravated the total points to 11.
• (6) Where a court makes such determination, it should state its reasons in open court
and, if it is a magistrate’s court, shall cause them to be entered into the register of its
proceedings.
Points imposed for offences committed on different occasions, must be aggravated.
If there is a disqualification for an offence (whether obligatory or imposed under
discretionary powers), no penalty points are endorsed on the license for other offences
committed on the same occasions (Martin v DPP [2000).
If there is disqualification for any of the substantive offences under s.34 RTOA, the court
does not endorse for penalty points for that offence. The counterpart is merely endorsed
with the particulars of the offence (Campbell [2010]).
The number of points applied to an offence should reflect the seriousness of an offence.
3. Disqualification from Driving
3 main ways a D could find himself disqualified:
(1) Obligatory disqualification (s.34(1)) – usually for more serious offences often involving
drink/drugs. Normal min period of obligatory disqualification is 12 months but certain
offences attract a min period of disqualification of 2 or 3 years. The exception to the
obligatory nature/minimum length of disqualification- if special reasons are found and
court exercises its discretion in favour of the D.
(2) Discretionary disqualification (s.34(2)) – usually in cases involving bad driving,
persistent offending or where vehicles are used in the commission of other crimes.
(3) Penalty Points Procedure (s.35) – usually where offender has repeatedly committed
minor driving offences.
