Petition of James Robert Hilton (High Court of Justiciary) [2024] HCJ 2 (29 August 2024)

Petition of James Robert Hilton (High Court of Justiciary) [2024] HCJ 2 (29 August 2024)

It is proper to remove the remaining period of disqualification imposed under section 34 of the Road Traffic Offenders Act 1988, given the petitioner's good conduct, remorse, rehabilitation, and employment and family needs, but restoration of licence is not competent until the extended test of competence is passed due to section 42(6).

Citation
[2024] HCJ 2
Parties
Petitioner: James Robert Hilton; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
29 August 2024
Procedural Posture
Petition / Final Judgment
Outcome
application granted in part
Legal Topics
Removal of Driving Disqualification, Restoration of Driving Licence, Dangerous Driving, Sentencing
Criminal Law Road Traffic Law Removal of Driving Disqualification Restoration of Driving Licence Dangerous Driving Sentencing

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Parties

James Robert Hilton

Petitioner

Crown

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Is the petitioner eligible for early removal of driving disqualification imposed under section 34 of the Road Traffic Offenders Act 1988?
  2. 2 Does section 42(6) of the 1988 Act preclude removal of disqualification where an extended test of competence is required?
  3. 3 Should the court exercise its discretion to remove the remaining period of disqualification based on the petitioner's character, conduct, nature of offence, and circumstances?

Ratio Decidendi

It is proper to remove the remaining period of disqualification imposed under section 34 of the Road Traffic Offenders Act 1988, given the petitioner's good conduct, remorse, rehabilitation, and employment and family needs, but restoration of licence is not competent until the extended test of competence is passed due to section 42(6).

Court Disposition

application granted in part

Orders

  • Removal of remaining period of 9 year disqualification from driving imposed on 19 May 2017 with effect from 29 August 2024.
  • No order for restoration of driving licence; petitioner must sit extended test of competence to drive.