Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what guidance he gives to the courts on the disqualification of drivers who have accumulated over 12 points on their driving licence.

The vast majority of drivers who get 12 or more penalty points are fined and disqualified from driving. Under Section 35 of the Road Traffic Offenders Act 1988, disqualification for a minimum of six months must be ordered if an offender incurs 12 penalty points or more within a three-year period, unless the court finds that the period of the totting up disqualification should be reduced or avoided for exceptional hardship or other mitigating circumstances. The minimum period may be automatically increased if the offender has been disqualified within the preceding three years.

The Secretary of State for Justice does not issue guidance to courts on the exercise of this discretion. The Sentencing Council, which operates independently of Government, issues guidelines to the courts on sentencing; their “Magistrates Courts Sentencing Guidelines” deal with totting up disqualification. These Guidelines state that: “The period of a totting up disqualification can be reduced or avoided for exceptional hardship or other mitigating circumstances. No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious. Any circumstances taken in account in the preceding three years to reduce or avoid a totting disqualification must be disregarded.” It is made clear in the Guidelines that magistrates should consult their legal advisor for further guidance on exceptional hardship applications.

The Government is committed to ensuring that penalties reflect the seriousness and culpability of offending behaviour and wants to ensure that we are doing everything we can to keep our roads safe. This is why we have brought forward Government amendments in the Courts and Criminal Justice Bill specifically to deal with disqualified drivers who cause death or serious injury: to increase the maximum penalty for disqualified drivers who cause death, from 2 to 10 years' imprisonment; and introducing a new offence of causing serious injury by driving while disqualified, with a maximum penalty of 4 years' imprisonment.

We have also announced our intention to launch a full review of driving offences and penalties, to ensure people who endanger lives and public safety are properly punished.