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Short Term Bans and the Rehabilitation of Offenders Act
Roadrunner
post Wed, 17 Mar 2004 - 12:09
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I have a question regarding short-term disqualification and the Rehabilitation of Offenders Act.

For some speeding offences that do not have a fixed-penalty option, the penalty imposed by a Magistrate can be 3 - 6 points + fine, or discretionary disqualification + fine.

The Rehabilitation of Offenders Act states that for a short-term driving ban, the conviction is considered spent when the disqualification period expires. This suggests that, under the Act, you do not have to declare the disqualifation to any party (specifically insurance companies) when the ban ends.

The Act draws the distinction between short-term ban for relatively minor offences and severe offences and long-term bans.

In my situation, assuming I am convicted, it is preferable to accept a short-term ban + fine instead of six points (on top of three existing points) + fine. If my interpretation of the Act is correct, then I could legally and without invalidating an insurance policy, answering "no" when asked whether I've been banned from driving within the last five (or however many) years.

The question: can I rely on this?

EDIT: I read this page on Law On The Web, which gives the rehabilitation period for a fine as 5 years. If a driver is disqualified for 8 weeks and fined £350, am I right in thinking that the conviction will be spent after 5 years, and not when the ban ends?
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post Wed, 17 Mar 2004 - 12:09
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mladen5
post Wed, 17 Mar 2004 - 13:16
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Well, I would have liked this to be the case having received a 7 day disqualification and no points for my 101mph.

QUOTE
Disqualifications
The rehabilitation period for a disqualification is the length of the disqualification. If a person is disqualified at the same time as receiving another penalty, the longer rehabilitation period applies. (For example, if a motorist is banned from driving for seven years and fined - which takes five years to become spent - the rehabilitation period would be seven years, not five years.)


From reading this I would assume that the period would be the longer one, which is 5 years rather than the 7 days. I don't know though. Thats just the way I understand to have read it.
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Roadrunner
post Wed, 17 Mar 2004 - 15:29
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I think you're right: rehabilitation period for the fine is 5 years, and 7 days for the ban. The Act specifies the longer of the two, which is 5 years.

I am assuming that disqualification has a significantly greater impact on insurance premium than 9 points would. This is my quandry: 9 pointsof short-term ban? Chances are I'll get caught again in the next three years, in which case I'd get banned anyway but it'd be for 12 months AFAIK.
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firestarter
post Thu, 18 Mar 2004 - 21:32
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Evening Rr,

Do you mean that you would get the 12 month ban as the punishment for your current issue, or as a result of racking up the points?

Do you know what the ban period is for someone getting the full 12, even if only for minor offences each time?

Your's, hoping i'm not gonna get the full 12 over the next few months,


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rockdog
post Thu, 18 Mar 2004 - 21:41
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I think that the length of the ban is given by the discretion of the magistrates. I have seen in news paper reports bans ranging from 28 days to 12 months with the totting up procedure. It depends on the mitigating circumstances.

Sometimes 12 months is reduced to 9 if you take a safe speed course, or similar, often offered by the mags.

People with more understanding of the process would know more.
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Roadrunner
post Thu, 18 Mar 2004 - 21:47
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QUOTE (firestarter)
Do you mean that you would get the 12 month ban as the punishment for your current issue, or as a result of racking up the points?

Yes, that's the idea. My licence is shortly to be endorse with 3 points, and this current "offence" carries a maximum penalty of 3 - 6 points and fine, or short-term ban and fine.

If I get 6 points, I'll have nine. I have accepted that at some point in the next three years I'll get another ticket, in which case I'd get banned for 12 months (I think that's the penalty for a totter... not sure though).

QUOTE (firestarter)
Do you know what the ban period is for someone getting the full 12, even if only for minor offences each time?

No, but I am going to have to find out sad.gif

QUOTE (firestarter)
Your's, hoping i'm not gonna get the full 12 over the next few months,

I wish us both the best...

I'm probably going to buy an Origin B GPS speedtrap device. The really annoying thing is that these two tickets will end up costing me twice the cost of the Origin B, and if I'd bought one last year I'd probably still have a clean licence icon_evil.gif
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