The Euan William Ross appeal conducted recently at the High Court in Edinburgh has been set down for a 5 bench decision. This case could have very significant repercussions in connection with road traffic cases in Scotland.
An inducement for drivers to tender an early guilty plea may save certain motorists from a “totting Up” ban and I would therefore imaging would be very popular.
However the court are unlikely to advise the accused of what, if ANY discount will be applied to the penalty points until the guilty plea is tendered therefore if this appeal is successful motorists would require to wait a long time to see how the whole discounting system beds in and how it is being applied by various Magistrates and Sheriffs around the country.
The argument put forward by Advocate Claire Mitchell is that if the accused are entitled to have sentencing discounts as per the case of Du Plooy and s196 of the Criminal Procedure Scotland Act 1995 then these discounts should be applied to the penaly point system in road traffic cases. After all the periods of disqualification can be discounted therefore why cannot penalty points be reduced.
Presumably Ms Mitchell is considering the position where the only points that Statute provides for is a minimum of 3 eg Where you run a red light or you are charged with illegal use of your mobile phone whilst at the wheel of your car. I would guess that the High court judges would have no real problem with the logical proposition that points can be discounted for an early plea in situations such as where a careless driving plea merits a reduction from 8 points to 6 or something similar for an insurance charge but would think that the sticking point will be the minimum points type charges.
Would such a system clear the lower courts of road traffic cases? In my view it would have a very positive effect in clearing the courts of trials where the accused face a “Totting Up” ban and they require to fight the case knowing that they are guilty but desperately clinging to the hope that a good lawyer will save their bacon!
We will have to wait for the outcome of the 5 bench decision with baited breath.