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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