‘Special Reasons’
| Published date | 01 January 1950 |
| Date | 01 January 1950 |
| DOI | http://doi.org/10.1177/0032258X5002300112 |
| Subject Matter | Article |
THE
POLICE
JOURNAL
with by the court
that
made the order;
if
that was a summary court
then
either
that
court or the supervising court will deal with it.
The
Act also makes provision for courts dealing with persons
convicted during
the
period of the probation order or conditional
discharge, and introduces reciprocal provisions in respect of orders made
in Scotland and England.
An order of conditional discharge is an order made after convic-
tion discharging the prisoner conditionally on his committing no offence
for a period to be specified in the order not exceeding twelve months.
On conviction of a further offence during the period of the order the
offender may be dealt with for the offence in respect of which the order
was made.
An order of absolute discharge is an order made after conviction
and carrying no obligations or conditions of any kind.
It
resembles
what was formerly known as " Dismissed P.O. Act."
Damages or compensation up to a maximum of
£100
together
with costs may be awarded by a court of summary jurisdiction making
any of the three kinds of order.
It
is important to note
that
aprobation order and an order of
absolute or conditional discharge are deemed not to be convictions
except for the purposes of the proceedings in which the order is made
and are to be disregarded for the purpose of any disqualification or
disability which otherwise would attach to a convicted person.
Thus,
assuming a case of driving an uninsured car was dealt with in one of
these ways, no disqualification for driving could be imposed.
There
is some division of opinion as to whether an endorsement is a
disability for the purposes of this Act, and on the whole it would appear
not to be a disability, so that an order following a conviction for, e.g.,
exceeding the speed limit, does not enable the court to avoid endorsing
a licence, unless there are " special reasons," as those words have been
defined, i.e, reasons special to the offence and not to the offender.
'Special Reasons'
By A BARRISTER
SECT I ON
II
(3) of the RoadTraffic Act, 1930, lays down that
on a second or subsequent conviction of driving a motor vehicle
on a road recklessly, or at a speed or in a manner which is danger?us
to the public, the convicting court
~hall
exercise
th~
power of
o~d.enng
that the offender shall be disqualified from holding or obtaining a
licence unless the court, having regard to the lapse of time since the
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