Driving with no licence....what next??

[bluebottle]

Re: Driving with no licence....what next??

So, taking into account BB's helpful insight, I've read the CPS Guidelines attached. As far as I can see, if the defendant enters a guilty plea, page 21 section 9.4 still allows for mitigating circumstances.

CPS Legal Guidance is what is used to determine whether an offence has been committed and shows how offences are constructed and what elements have to be present in order for an offence to be complete. The document you have posted up, Labman, is what CPS staff use when deciding whether to prosecute or not.

Jon1965,

You are right in that Driving Without A Driving Licence is an Absolute Offence, as is Driving Without Insurance. Incidentally, if you drive without a driving licence, the offence of Driving Without Insurance is also committed as motor insurance policies require policyholders to have held a full UK driving licence for a specified period of time and, certainly, to hold a current licence during the term of the insurance policy.

[wales01man]

Re: Driving with no licence....what next??

So some on here are suggesting that a conviction with no points and I presume no other penalty is OK ,well then let us all drive without insurance and no licence cos its alright ? at least 2 serious offences were commtited one which could have had long lasting consequences for others and nothing could happen to the offender.

[charitynjw]

Re: Driving with no licence....what next??

You could always try http://www.telegraph.co.uk/news/ukne...-his-case.html

[charitynjw]

Re: Driving with no licence....what next??

Ps - re 'absolute' offenses, see post #18

[jon1965]

Re: Driving with no licence....what next??

So some on here are suggesting that a conviction with no points and I presume no other penalty is OK ,well then let us all drive without insurance and no licence cos its alright ? at least 2 serious offences were commtited one which could have had long lasting consequences for others and nothing could happen to the offender.

I really do not know what you mean. Mitigation does not mean no punishment, it means the court take into account circumstances. As I said, there are guidelines and certainly magistrates are petty much bound by them. The court clerk tells them what the starting point is and the usual range it goes from there. Having said that , it is possible to be given an absolute discharge or a conditional discharge but that is down to the court system. I strongly believe that we have to believe in the legal system otherwise we could have anarchy although I do believe you generally get better representation if you can afford to pay for it (Talking criminal here not civil, just so PT doesn't come and hit me)

[labman]

Re: Driving with no licence....what next??

So some on here are suggesting that a conviction with no points and I presume no other penalty is OK ,well then let us all drive without insurance and no licence cos its alright ? at least 2 serious offences were commtited one which could have had long lasting consequences for others and nothing could happen to the offender.

Where did you read that? I can't see anyone saying that on here.

BB - apologies for putting the wrong thing up, and indeed reading the wrong thing. However, it still confirms mitigating circumstances are allowed, so has served its purpose for this thread.

The offence is actually 'Driving otherwise than in accordance with a licence' which, as you say, triggers the offence of 'Using a vehicle uninsured against third party risks.'

I'm speaking from memory there, as it's a couple of days since I read about it, but I think those were the actual offences, and both here are absolute offences, as one triggers the other.

Good to have got the mitigation bit sorted out though.

Incindentally, the CPS stuff is captivating reading - really interesting. :beagle:

[Inca]

Re: Driving with no licence....what next??

Sadly for OP,noone can possibly predict the outcome ..