Oireachtas Joint and Select Committees

Wednesday, 20 June 2018

Joint Oireachtas Committee on Transport, Tourism and Sport

Disqualified Drivers: Discussion

1:30 pm

Mr. David Sheahan:

The difficulty I have with that is because of the way the legislation is framed, I am unable to disaggregate those prosecuted while having a driver licence against those who were driving while disqualified. The DPP's advices and instructions were that that if I bring a person to court for driving while disqualified, it is automatically inferring to the judge that this person has a previous conviction. The rules of due process and fair procedures do not allow for that in this jurisdiction. Therefore, we had to row back. We can only prosecute a person for not holding a driver licence. Once a person is convicted of that offence, we can advise the judge as to his or her previous convictions. That is the process in the courts at the moment.

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