Proposals for changes to driving disqualification guidelines in England and Wales have been issued.
The Sentencing Council has launched a consultation on the proposals, which include changes to sentencing guidelines for driving while disqualified and breach of a community order.
The changes relate primarily to sentencing in magistrates' courts but may also affect sentencing in the Crown Court for breach of a community order. In addition, there are proposed clarifications to the explanatory materials provided to assist magistrates in sentencing.
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 regard when considering whether there are grounds to reduce or avoid a disqualification due to exceptional hardship.
Guidelines say the test is not inconvenience or hardship, but exceptional hardship that the court must have evidence. This could include the offender's sworn evidence.
It says some hardship is likely to occur in many if not most orders of disqualification.
Loss of employment will not in itself necessarily amount to exceptional hardship, whether or not it does will depend on the circumstance of the offender and the consequences of that loss of employment on the offender.
It also states that 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 Holyroyde 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.
The consultation runs for 12 weeks from January 22 to April 15 and can be accessed via the council’s website: https://www.sentencingcouncil.org.uk/
