Driving Review Finalised
The Sentencing Advisory Council today released the final report in our review of the offence of driving while disqualified or suspended.
This review arose out of the Sentencing Advisory Council's project on Suspended Sentences, which was finalised in April 2008. During the suspended sentences project, the Council considered the mandatory minimum penalty of one month’s imprisonment that applies under section 30 of the Road Safety Act 1986 (Vic) to second and subsequent offences of driving while disqualified or suspended. This mandatory minimum penalty was identified as a major factor that has led to the high use of suspended sentences in the Magistrates’ Court.
In 2006–07, nearly a quarter of the people found guilty of that offence received a suspended sentence. The suspended sentences for that one offence constituted almost one fifth of all suspended sentences imposed in the Magistrates’ Court. The overwhelming majority of these sentences were wholly rather than partially suspended.
The Council decided that additional research regarding driving while disqualified or suspended was required to determine if more effective sentencing responses could be identified.
In the course of this review, the Council has published an information paper and a discussion paper. The Council has also analysed a large amount of statistical data from VicRoads and from the courts, and held focus groups with offenders to obtain qualitative information. Views have been sought from a broad range of stakeholders through roundtables and a call for submissions.
This research has led to a greater understanding of some of the reasons why people commit the offence of driving while disqualified or suspended and why the number of prosecutions for this offence has been increasing.
The Council’s recommendations include:
- abolishing the mandatory minimum penalty for a second or subsequent offence of driving while disqualified or suspended – the Council found that this penalty is ineffective
- increasing the detection of unauthorised drivers through greater use of automated number plate recognition – accompanied by extensive publicity of this initiative
- toughening up the rules to do with impounding vehicles of people found to be driving while suspended or disqualified
- improving early intervention, rehabilitation and education for drink drivers – offenders with underlying alcohol problems must be forced to confront and address their issues.
The Driving While Disqualified or Suspended Report is available for download from this website.