Drive whilst disqualified (Revised 2017) Road Traffic Act 1988, s.103 Effective from: 24 April 2017 Triable only summarily: Maximum: Unlimited fine and/or 6 months Offence range: Band C fine – 26 weeks’ custody Step 1 – Determining the offence category Where what is in issue differs between different incidents, a single multiple incidents count will not be appropriate, though it may be appropriate to use two or more such counts according to the circumstances and to the issues raised by the defence. In this situation it is appropriate to insert as the date of the offence the accounting date, rather than the dates covering the whole period of the criminal activity alleged. The case involved conjoined appeals. An application, in writing, with reasons for dismissal, can be made within 28 days of service of prosecution evidence with provision for a prosecution response within 14 days. The nature of the emergency known to or reasonably perceived by the driver. The Code for Prosecutors requires a selection of charges which properly reflect the seriousness and extent of the offending, give the court adequate sentencing powers, and enable the case to be presented in a clear and simple way. It may at times, be appropriate to make use of sample counts as permitted by sections 17- 21 of the Domestic Violence, Crime and Victims Act 2004 – CrimPD 10.A.15 – 10A.20. The Court of Appeal held in R. v. Greenfield [1973] 1 W.L.R. In cases of inconsiderate driving, there must be evidence that some other user of the road or public place was actually inconvenienced; Dilks v Bowman-Shaw [1981] RTR 4 DC. As such, if you are convicted of driving while disqualified, you will have a criminal record. Millars Solicitors were instructed by Miss E who was very concerned about the prospect of a custodial sentence as she was driving whilst disqualified. Another example where causation may be difficult to prove could occur where there has been a collision between two cars, whereupon a third vehicle, being driven by a driver who was momentarily distracted or who failed to react sufficiently to the situation, ploughed into the crash scene. (S) 434, CA. Severance may be ordered where the admissibility of the evidence is not the same against each defendant or where the case would otherwise be too long and complicated. See the SGC DefinitiveGuideline. An example is where, on a count for theft, the jury are not satisfied that the defendant committed the offence charged but can convict for the offence of taking a motor vehicle without the owner's consent – s.12(4) of the Theft Act 1968. 4) Regulations 2003). It is undesirable that on conviction the record should provide no indication of whether the defendant stole £5 or £5,000. There had been a clear election to proceed with the fresh indictments so the existence of the unamended indictment on which the appellants had been arraigned also did not render the indictment or the proceedings a nullity. Although also covered by s.2B RTA 1988, the offence of causing death by inconsiderate driving is a separate offence. The Defendant’s vehicle was in a place that he could not provide any explanation for how it got there, other than that the car had been driven there by him. The suspect owed the deceased a duty of care; The suspect caused the death of the deceased; The driving fell far below the minimum acceptable standard of driving such that there was an obvious and serious risk of death; and, The conduct of the suspect was so bad in all the circumstances as, in the opinion of the jury, to amount to a crime (. 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