Special Reasons in Road Traffic Law

SPECIAL REASONS

Special Reason is a reason upon which the Court may refrain from disqualifying or endorsing penalty points. This is outlined in Sections 44(1) and (2) of the Road Traffic Offenders Act 1988. If the Court finds the existence of Special Reasons, then the Court has the discretion not to endorse the driving licence with penalty points.

In accordance with the criteria for a Special Reason set out in R v Wickens [1958], a reason must:

 

  1. Be a mitigating or extenuating circumstance
  2. Not amount to a defence.
  3. Be directly connected with a commission of the offence and,
  4. Be one which the Court ought to take into account when imposing sentence.

 

Rennison v Knowler [1947] stipulates that a defendant must not only genuinely believe that he was insured to use the vehicle in question, but this belief must also be reasonable.

 

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