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TO BE OR NOT TO BE A TOTTER
written by The Justice of the Peace on the 30th October 2018 at 11:25

I was retired from the bench three and a half years ago and many fundamentals at court have changed since then, some for the better but more for the worse. One aspect of sentencing which was made very clear to my bench more than once was that in the case of motoring offences where the option available was to immediately  disqualify or issue penalty points resulting in an offender being a totter and thus receiving a mandatory six months ban the correct and appropriate procedure was to issue the requisite points and let justice take its course in the immediate disqualification of the miscreant.  I am unaware if this process was advised for my bench only or was laid down nationally.  Not surprisingly I am unaware of current advice given to magistrates. It would appear that at Norwich Magistrates Court discretion was used contrary to the aforementioned advice when I was active.  Perhaps a current court worker could clarify the situation?

PS The court reporter appears to forgotten how to add up.  8 penalty points as reported plus an additional 3 would not have reached the threshold for disqualification which is 12. Notwithstanding the error my post does pose a reasonable question. 

 Originally posted at https://thejusticeofthepeaceblog.blogspot.com/2018/10/to-be-or-no...

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