Legaleagle Training
30 THINGS TO KNOW WHEN ADVISING ON ROAD TRAFFIC OFFENCES AT THE POLICE STATION, MAGISTRATES’ COURT AND CROWN COURT – TUESDAY 11th JULY 2023 – 16:00 – 17.00: - COST - £75 + VAT
This presentation will consider 30 QUESTIONS for criminal practitioners dealing with road traffic scenarios.
You may be advising at the police station stage or you may be advising clients in the Magistrates’ Court or you may be advising clients at the Crown Court.
Road traffic is not the easiest area of law upon which to advise and things are changing constantly as a result of case-law and pieces of legislation.
Have a look at the 30 QUESTIONS and see whether or not this presentation would be of benefit to you.
ANYONE BOOKING ONTO THIS COURSE WILL ALSO RECEIVE THE FOLLOWING FREE OF CHARGE:
1 – The 1-HOUR ZOOM recording and full set of notes in relation to ‘Road traffic for the private paying client’
2 – The 1-HOUR ZOOM recording and full set of notes in relation to ‘Penalty points and disqualifications from driving’
3 – The 1-HOUR ZOOM recording and full set of notes in relation to ‘Advising on road traffic offences’
I think we can reasonably say that that amounts to 4 hours of CPD in relation to the viewing of the recordings and a minimum of 4 hours of CPD in relation to the reading of the material – 8 hours minimum in total – PLEASE ENSURE THAT YOU KEEP YOUR TRAINING RECORDS UPDATED
HAVE A LOOK AT THE 30 QUESTIONS – CAN YOU ANSWER THEM?
This 1-hour ZOOM presentation will be accompanied by a full set of notes.
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) –YOU WILL STILL GET THE FULL SET OF NOTES AND THE RECORDINGS WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full sets of notes and the recordings afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
The following 30 Questions will be answered:
1 – Why might it be advantageous for a suspect to make full admissions, be co-operative and show remorse at the earliest stage of the investigation when you are dealing with him at the police station for an offence in relation to causing death by careless driving?
2 – What consequences flow from the fact that causing death by dangerous driving now carries life imprisonment rather than 14 years? – such amendment having been made by the Police, Crime, Sentencing and Courts Act 2022
3 – What consequences flow from the fact that causing death by careless driving when under the influence of drink or drugs now carries life imprisonment rather than 14 years? – such amendment having been made by the Police, Crime, Sentencing and Courts Act 2022
4 – The offences of driving or attempting to drive a mechanically propelled vehicle with drugs in your system above the permissible levels came into force in March 2015 – ‘guidance’ was given by the Sentencing Council in November 2016 – what GUIDELINES have been issued as regards these offences with effect from 1st July 2023?
5 – The offence of being in charge of a mechanically propelled vehicle with drugs in your system above the permissible levels came into force in March 2015 – ‘guidance’ was given by the Sentencing Council in November 2016 – what GUIDELINES have been issued as regards this offence with effect from 1st July 2023?
6 – Defence lawyers have, with varying degrees of failure, argued on occasion that a client should be given a discretionary disqualification on the offence itself rather than penalty points so as to avoid the client ‘totting up’ – how were the GUIDELINES amended in this area with effect from 1st April 2023 such that this is not an attractive argument for a defence lawyer to put forward?
7 – The defendant has put forward an exceptional hardship argument in the Magistrates’ Court in order to avoid the consequences that flow from being a ‘totter’ (12 points or more) – the argument is rejected by the Magistrates’ and a disqualification of 6 months is imposed – is it possible for the defendant to appeal the matter to the Crown Court and put the argument all over again?
8 – Is it possible to ask that any disqualification imposed by the Magistrates’ be suspended by the Magistrates’ if the defendant is pursuing an appeal against sentence or against conviction and sentence to the Crown Court?
9 – In what circumstances does a drug driving offence carry a minimum disqualification (absent special reasons) of 2 years?
10 – What do you know about uplifts/adjustments and extensions of a period of disqualification where the defendant is both the subject of a disqualification from driving and a custodial sentence?
11 – Can you make representations that the period of disqualification from driving be reduced to reflect the timely guilty plea entered in the proceedings?
12 – What new driving offence came into force in 2022 as a result of the Police, Crime, Sentencing and Courts Act 2022?
13 – The defendant has been made the subject of a determinate period of disqualification and disqualified until re-test – does this mean that he can drive again once the determinate period of disqualification has come to an end?
14 – The defendant is a probationary driver – he appeared in Court and the Magistrates’ imposed 6 points on the record – he drove to Court – would it be lawful for him to drive home?
15 – You notice that the client has been charged with the offence of driving whilst disqualified – the proceedings having been instigated 7 months after the commission date of the offence – are the proceedings in time or are they out of time as contravening Section 127 of the Magistrates’ Courts Act 1980? – this being a summary-only offence?
16 – The police are telling you that they can charge your client with drug driving and they don’t need any sample from him for analysis as to whether or not he had drugs within his system at the time of driving – are they correct to say this?
17 – You attend upon a client as the Court Duty Solicitor and he has been charged with the offences of driving whilst disqualified and using a vehicle without insurance – both offences allegedly having occurred in Tesco’s car park – the client readily accepts that he was disqualified at the time – what plea’s are you going to advise this client to enter at Court?
18 – You attend upon 2 clients as the Court Duty Solicitor – one client faces a charge of aggravated vehicle taking (dangerous driving) and the other client faces a charge of allowing to be carried in a vehicle (aggravated vehicle taking – dangerous driving) – what is the position concerning disqualification for both driver and passenger?
19 – Arising out of the above scenario – what is the position concerning a re-test for both driver and passenger?
20 – Starting points of 5 years and 6 years in terms of disqualification from driving are mentioned in the Police, Crime, Sentencing and Courts Act 2022 – amending Sections of the Road Traffic Act 1988 – in what circumstances do these starting points arise?
21 – What is your understanding of the term – ‘grounds for mitigating the normal consequences of the conviction?’
22 – There are many driving offences that might result in a death occurring – are these offences deemed to be Homicides whereby no jurisdiction can be accepted in the Youth Court?
23 – In what circumstances is the Court obliged to consider a minimum disqualification 2 years when dealing with a totter under Section 35 of the Road Traffic Offenders Act 1988?
24 – The Magistrates are proposing to endorse your client’s record with 6 penalty points on a careless driving and, furthermore, a disqualification until re-test – would such a course of action be lawful?
25 – The police have decided to begin the proceedings by way of a written charge and a requisition or single justice procedure notice – where the offence is summary-only, is it a requirement that the requisition or single justice procedure notice be issued within 6 months? – what did the High Court Judge say about all of this and what does Rule 7 of the Criminal Procedure Rules 2020 (as amended) say about all of this?
26 – The police want to charge the defendant with taking a motor vehicle without consent 12 months after the date of the taking – this is a summary-only offence – would such a charge contravene the time period within which summary-only proceedings must be laid according to Section 127 of the Magistrates’ Courts Act 1980?
27 – How have the Supreme Court defined ‘causation’ when dealing with one of those ‘causing death by driving……..’ charges?
28 – The defendant had a sample of blood taken from him when he was unconscious at the scene – the police would wish for this sample to be analysed – is consent from the recipient necessary in order for analysis to take place?
29 – Would it be lawful for the Magistrates’ to disqualify someone in their absence from driving?
30 – What Rule of the Criminal Procedure Rules 2020 (as amended) deals with experts and what Chapter of the recently published Criminal Practice Directions 2023 deals with experts?
It will be a 1- hour live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email with a link the day before the actual presentation and you click on the link. It could not be simpler.
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending or purchasing the recordings is £75 + VAT – if you have attended the presentation there will be no additional charge for a copy of the recordings