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Special reasons

 

It may be possible to argue that there are ‘Special Reasons’ as to why a driving licence should not be endorsed with penalty points or a disqualification.

‘Special Reasons’ relate to the particulars of the offence in question and facts relating to the offender will not be considered relevant at a Special Reasons hearing.

In R v Wickens (1958) 42 C r. App.R236, four minimum criteria were laid down; to amount to a ‘Special Reasons’ a matter must;

  • be a mitigating or extenuating circumstance;
  • not amounting in law to a defence to the charge;
  • be directly connected with the commissioning of the offence; and
  • be one which the Court ought properly to take into consideration when imposing sentence.

Special Reasons may include spiked drinks, shortness of distance and genuine emergencies.  However, this list is not exhaustive.

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