Miscellaneous amendments to sentencing guidelines 2024
Drive otherwise than in accordance with a licence
The issue
A guideline user asked for an explanation of ‘(where could be covered)’ to be included in the Drive otherwise than in accordance with a licence (where could be covered) guideline. This is a single line guideline in the ‘Motoring offences appropriate for imposition of fine or discharge’ section of the magistrates’ guidelines and sits alongside the more commonly prosecuted version of the offence:
|
Offence |
Maximum |
Points |
Starting point |
Special considerations |
|
Drive otherwise than in accordance with licence (where could be covered) (Road Traffic Act 1988, s.87(1)) |
L3 |
– |
A |
|
|
Drive otherwise than in accordance with licence (Road Traffic Act 1988, s.87(1)) |
L3 |
3 – 6 |
A |
Aggravating factor if no licence ever held |
Schedule 2 to the Road Traffic Offenders Act 1988 states:
|
Provision creating offence |
(2) General nature of offence |
(3) Mode of prosecution |
(4) Punishment |
(5) Disqualification |
(6) Endorsement |
(7) Penalty points |
|
RTA section 87(1) |
Driving otherwise than in accordance with a licence |
Summarily |
Level 3 on the standard scale. |
Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him |
Obligatory in the case mentioned in column 5 |
3 – 6 |
What this means in practice is that someone who is entitled to a driving licence for the vehicle driven but does not hold a current one (for example because they have failed to renew it when entitled to do so) need not have points put on their licence, but those who have no entitlement to a licence must have their licence endorsed with 3-6 points.
The Council considered that it would be helpful to reflect the statutory wording in the guideline.
The proposed change
|
Offence |
Maximum |
Points |
Starting point |
Special considerations |
|
Drive otherwise than in accordance with licence (where could be covered*) (Road Traffic Act 1988, s.87(1)) |
L3 |
– |
A |
* This applies where the offender’s driving would have been in accordance with any licence that could have been granted to them |
|
Drive otherwise than in accordance with licence (Road Traffic Act 1988, s.87(1)) |
L3 |
3 – 6 |
A |
Aggravating factor if no licence ever held |
The impact
The maximum sentence for driving otherwise than in accordance with a licence is a £1,000 fine and so the proposal will not have an impact on prison or probation resources.
The proposed change is simply to provide information and therefore no impact on sentence levels is anticipated.