Suspension of the Suspension
| DOI | 10.1177/002201834801200412 |
| Published date | 01 October 1948 |
| Date | 01 October 1948 |
| Subject Matter | Article |
Suspension of the Suspension
T
HE
Road Traffic Acts 1930-34 provide in certain
circumstances
that
the
offender shall be or
may
be
disqualified upon conviction or
by
order for holding or
obtaining adriving licence for a specified period,
and
it
is provided in section 7
(1)
of
the
Road Traffic Act 1930,
that
where a person so disqualified is
the
holder of a driving
licence,
"the
licence shall be suspended so long as
the
disqualification continues in force".
From
time to time
points arise as to whether
the
disqualification
and
the
consequent suspension of licence operate forthwith or
whether
they
can be suspended or their operation post-
poned.
It
happens occasionally
that
adefendant arrives
at
the
court driving his vehicle. As a result of his con-
viction for some offence he is disqualified thenceforth for
driving
and
by
virtue of section 7
(1)
supra his licence is
suspended.
He
then
asks
the
bench for permission to
drive
the
vehicle home. The writer recalls reading
that
Justices in one such case ordered
that
the
suspension
should operate as from 4 p.m,
that
day
to accommodate
the
defendant in his difficulty.
It
is submitted
that
this
can
not
be justified in law. An offender is disqualified
upon'
conviction', as under section 15
(2)
(1d.)
(driving
&c. when under
the
influence of drink or drugs),
and
as
under section 35 (2)
(1d.)
(user of motor vehicles
not
insured
against
third
party
risks),
and'
conviction' means upon a
plea of guilty or
the
announcement of a finding of guilt
(R. u. Sheridan; R. v. Grant).
An'
order'
made
by
the
court under
e.g.
section 11 (3) (Id) upon a second or subse-
quent conviction for reckless or dangerous driving follows
upon such 'conviction',
and
such an '
order'
made under
section 6
(1)
for "
any
criminal offence
in
connection with
the
driving of a motor
vehicle"
may
be made upon such
,conviction'.
The
offender is convicted as soon as he
pleads guilty or
the
court announces
that
he has been
found guilty. The disqualification,
whether'
automatic'
or
by
,
order'
takes effect immediately
and
the
suspension
436
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