Pump Court Chambers

This Practice Note explains special reasons for the purposes of sections 34(1) and 44(2) of the Road Traffic Offenders Act 1988 (RTOA 1988), that is, as mitigation in respect of motoring offences. It explains special reasons (such as emergency or laced drinks) as the basis for avoiding an obligatory disqualification or obligatory endorsement of a driving license (penalty points) or reducing a disqualification period. It covers why special reasons amount to mitigating grounds or extenuating circumstances when sentencing for driving offences (but not a defence). It explains that, even where special reasons are found, disqualification or penalty points (license endorsement) remain at the discretion of the court. The procedure for arguing special reasons and the practical benefits of doing so are included in the Practice Note. Practical examples of special reasons are provided along with the questions which the court will ask.

This Practice Note explains the offence of speeding which is created by the Road Traffic Regulation Act 1984 (RTRA 1984). It includes evidence and admissibility in speeding cases and the statutory and non-statutory defences and provides examples from case law. This Practice Note includes the sentence applicable for a speeding offence.

This Practice Note explains the finding of contempt of court under section 2 of the Contempt of Court Act 1981, previously known as the sub judice rule and the statutory defences available to a newspaper or publisher. It explains quasi-contempt and the other statutory offences for contempt of court.

This Practice Note explains the elements of the offence of taking a vehicle without the owner's consent under section 12 of the Theft Act 1968. It provides definitions for the elements of the offence. The Practice Note includes the sentence which may be imposed on conviction with reference to the Sentencing Guidelines.