Disqualification for Driving as a Requirement of a Probation Order
| Date | 01 April 1958 |
| DOI | 10.1177/002201835802200212 |
| Published date | 01 April 1958 |
| Subject Matter | Article |
Disqualification for Driving as a
Requirement of a Probation Order
AT a
Court
of Quarter Sessions for one of
the
northern
counties held recently adefendant was convicted of (a)
shopbreaking
and
larceny and (b) taking
and
driving away a
motor vehicle without
the
owner's consent,
and
the
court made
aprobation order in his case for three years with a special
requirement in
the
following terms:
"To
be disqualified for holding or obtaining adriving
licence for a period of three years".
The
insertion of this special requirement in
the
probation
order raises a number of interesting legal points, particularly
as to
the
validity of the requirement itself
and
the
possible
consequences which might ensue should there be a breach of it.
Normally of course disqualifications for driving motor
vehicles are imposed by order of the courts in exercise of their
discretionary powers
under
the Road Traffic Acts of 1930
and
1956 or result directly on conviction for certain offences
under
those Acts.
It
will be appreciated, however,
that
the
provisions
of
the
Road Traffic Acts which authorise or require
the
courts
to disqualify persons for driving motor vehicles have no
application in
cases
where the conviction for
the
offence
results in the offender being placed on probation or
an
order
of
conditional or absolute discharge being made in his case
(s. 12 (2) of
the
Criminal Justice Act 1948)
and
the
efficacy
of
the
requirement in the present case therefore depends
entirely
upon
the
statutory provisions
under
which
the
proba-
tion order was made.
The
power to include special requirements in probation
orders is contained in s. 3 of
the
Criminal Justice Act 1948
which provides
that
aprobation order may in addition to
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