UK Parliament / Open data

Criminal Justice and Courts Bill

I think I am in danger of conducting the review this afternoon, but I agree with my hon. Friend, and all these things are worth considering for inclusion in the review. I simply sound this note of caution: if we review everything, we will exceed the proposed time scale and perhaps not deal with the concerns raised earlier by my hon. Friend the Member for Cambridge (Dr Huppert). None the less, I am sure that there is a great deal that can sensibly be considered.

I return to amendment 8 and point out that proposed new section 16C of our provisions already provides for cases in which the single justice proposes to disqualify a driver. The single justice must give the accused an opportunity to make representations about the proposed disqualification. If the offender fails to take up the opportunity to make representations, they may be disqualified in their absence. That is, of course, no different from what may occur under the magistrates court process. At present, offenders are disqualified in their absence when, having been warned about the purpose of the hearing, they do not attend court. When the defendant wishes to make representations, however, and that would include representations about exceptional hardship, the single justice must issue a summons to the defendant requiring them to appear at a traditional magistrates court. Any exceptional hardship plea may therefore be dealt with in open court, and the court would have the opportunity to investigate the defendant’s driving history. The Bill therefore already makes appropriate provision for the situation that the hon. Member for Bolton West is concerned about.

5.45 pm

Type
Proceeding contribution
Reference
580 c462 
Session
2013-14
Chamber / Committee
House of Commons chamber
Back to top