Police chief demands end to loophole that keeps 60-point drivers on road

The newly elected chairman of the Association of Police and Crime Commissioners has called for an urgent overhaul of a loophole allows thousands of motorists to remain on the road despite having more than 12 points on their licence.

 

Almost 9,000 people in England and Wales have totted up 12 points or more after being convicted of numerous motoring offences. One driver recorded a staggering 68 endorsements. But each year thousands of drivers with more than 12 points successfully avoid a ban by pleading that they would suffer "exceptional hardship" if they were to lose their licence. In 2020, 4,364 motorists were allowed to stay on the roads despite totting up enough points to warrant a ban.

 

The exceptional-hardship defence was introduced to provide people a lifeline if they would face extraordinary difficulty if they were to be banned. While loss of employment is not seen as a valid reason, looking after a seriously ill relative who needs transportation might persuade a magistrate towards leniency. But Manchester-based lawyer Nick Freeman –nicknamed "Mr Loophole" after getting a string of celebrities off motoring charges – said the system was being exploited. He said: "The spirit of the law was to allow people who had committed a relatively trivial offence one more chance if they have exceptional circumstances. "But these drivers with more than 60 points are committing multiple offences all over the country, bundling them together and going before one magistrate where they are successfully arguing exceptional hardship. It is a loophole borne out of poorly drafted legislation. It was never the intention of Parliament and it is being exploited by lawyers."

 

The police and crime commissioner for Lincolnshire, Marc Jones, who was elected as chairman of the APCC, said it was extremely worrying that so many drivers were able to use the excuse and suggested an urgent overhaul of the system was due. "It has created a two-tier justice system," he said. "For those of us who would lose our licence at 12 points it is an outrage that someone else has got almost 70 points on their licence and is still driving. "If you are in a circumstance where you will lose your job if you lose your licence, then don't lose your licence. "We need to look at this again. We need to reduce the number of deaths on our roads and have a fair and equitable system and that is something I will be pushing to see changed." 

 

A spokesman for the Sentencing Council said that courts were allowed to use discretion when hearing arguments about hardship, but that it was made clear that the situation had to be exceptional. "There is no list of examples of exceptional hardship – something that is exceptional is hard to define – [but] the guidance sets out how such cases are to be approached."

 

The Johnson Partnership

Derby Crime Solicitors