Judges of the District Court have a great deal of discretion when it comes to carrying out their functions. This tradition has its origins in the common law that underpins Irish and many other judicial systems. Its proponents argue that it enables the flexibility required to deal with the variety of cases that come before the District Court and the need to dispose of them efficiently and equitably.
The amenability of some District Court judges to allow defendants who plead guilty to motoring offences – including speeding – to avoid penalty points by instead being disqualified from driving for a short period is, on the face of it, in keeping with this concept of judicial discretion.
These cases tend to involve the prospect of someone losing their driving licence for an extended period because the number of points associated with the offence would push them over the threshold for an automatic six-month disqualification. They are – by definition – repeat offenders but in the judges’ view a six-month ban is not an appropriate or possibly an excessive remedy. The offenders – with the court’s agreement – avoid the penalty points and the automatic six month ban by accepting disqualification for a shorter period – as short as one day over the weekend.
The wider context of such judicial discretion is important. The number of deaths on the roads in the year to November 9th this year was 165. This is more than the total of 155 for all of last year. It is Government policy to halve the number of road deaths between 2021 and 2030 – a target fast threatening to move out of reach.
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It is not in dispute that traffic offences for which sanctions include penalty points and disqualification contribute to fatalities. District Court judges who exercise their discretion when it comes to enabling drivers avoid penalty points should bear this in mind. The alternative is for the Oireachtas to legislate to remove the room for discretion in this matter. What is the point in a system of automatic disqualification for a build-up of penalty points if it can be avoided by many who find themselves in that position?