75ZT CommunityA social community of enthusiasts, owners, appreciators and collectors. With expert knowledge of all things from MG to Rover and beyond.2016-07-31T18:27:27+00:00https://www.75ztcommunity.co.uk/feed.php?f=2&t=9236&mode2016-07-31T18:27:27+00:002016-07-31T18:27:27+00:00https://www.75ztcommunity.co.uk/viewtopic.php?t=9236&p=82960#p82960
If I had my way, every senior school pupil would spend a few days observing in a Court. Do you know that there are some who don't even know what a Magistrate is?
Anyway.
Disqualification or points are two possible ancillary orders to a sentence Paul. There are others. The sentence is decided upon giving consideration to the seriousness of the offence, previous record, whether commited on bail etc. and then any ancillary orders considered next.
It would clearly be unethical and contrary to the interests of justice to increase the severity of a sentence as the result of a successful "Exceptional hardship" application.
]]>2016-07-30T19:43:09+00:002016-07-30T19:43:09+00:00https://www.75ztcommunity.co.uk/viewtopic.php?t=9236&p=82952#p82952 How to you balance the need to punish am offender v an innocent party relying on the offender and if there is not going to be a ban is the financial penalty, i.e. fine increased and / or community work.
And yes, I appreciate there are lies, damn lies and the media
]]>2016-07-30T18:37:49+00:002016-07-30T18:37:49+00:00https://www.75ztcommunity.co.uk/viewtopic.php?t=9236&p=82950#p82950 What I said above is just my own opinion
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What I would say is that some of you have met me and hopefully are reassured that, in my Court, nobody gets a free ride There is no right for any defendant to avoid disqualification owing to exceptional hardship. It is totally at the discretion of the examining Bench and is extremely difficult to obtain such a result.
Without giving too much away, exceptional hardship is usually accepted if it would be imposed upon another, innocent individual, for example, somebody who requires regular and difficult trips to hospital and the defendant is their only (realistic) means of getting there. Even then, the defendant's word, even under oath or affirmation, counts for very little and documentary evidence is required, which, in itself, would be sujbect to careful scrutiny by the examining Bench.
I suppose what I'm trying to say is that media journalism is, of necessity, sensationalist and they never tell the whole story. Please, take it from me that Magistrates up and down the country, are not quite as naive as the media would have you believe
]]>2016-07-29T13:02:16+00:002016-07-29T13:02:16+00:00https://www.75ztcommunity.co.uk/viewtopic.php?t=9236&p=82938#p82938 'I will have to be careful now I have 9 points on my licence' - 3 x speeding offences. Seems some people are given too many chances.
Paul I respect your discretion but from your comment presume without knowing the facts it is difficult to have an opinion.
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Bermudan 75 wrote: Usual cases of someone knowing all of their rights but not exercising their responsibilities.
I agree that there is a continuing increase in this sort of attitude in general Mike, but not, I think, in these specific instances.
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