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Court of Appeal answers consultative case stated appeal by finding that evidence of a defendant’s previous "spent" convictions for having no motor insurance is admissible, in the context of the defendant’s application to a District judge to exercise his discretion pursuant to statute not to disqualify him for a "special reason" where it is a first offence, and that the offence with which the defendant is charged in this case cannot therefore be regarded as a “first offence”.
Criminal law – consultative case stated – section 52 of the Court’s (Supplemental Provisions) Act, 1961 – District Court prosecution for driving without insurance contrary to s. 56 of the Road Traffic Act, 1961 – Criminal Justice (Spent Convictions and Certain Disclosures) Act, 2016 – whether to admit the details of the defendant’s previous convictions for no insurance in the context of the defendant’s application to exercise a discretion not to disqualify him for a special reason – offence with which the defendant is charged in this case cannot be regarded as a “first offence” – case stated answered.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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