It has been revealed that a Merseyside motorist is driving around with 23 points on their licence. This information was gleaned from the DVLA after a freedom of information request was submitted by the BBC. The figures obtained from the DVLA showed that there are currently 322 drivers with more than 12 points on their licence who have not been banned from driving.
A DVLA spokesman said that despite maintaining a record of all the court ordered endorsements and fixed penalties in the UK, they themselves had no influence or responsibility over sentences imposed by the courts.
The magistrates courts, when sentencing, are guided by a framework that is published by the Magistrates Association, which sets out how they should establish how serious each case is and how best to deal with it. This also helps to ensure that penalties reflect both the seriousness of the offence and also the offender’s personal circumstances.
Nick Freeman, a Manchester lawyer, said that it was very important that the courts should have some discretion over how they deal with cases that will result in points being given. He added that if the discretion was taken away, you may as well dispense with lawyers, judges and magistrates and replace them with robots.
If something arose and the circumstances changed, you must have the freedom to argue it and the courts, who are full of wise people, will agree that it is a deserving case and thus reduce the penalty.