A 93-year-old woman with dementia living in a care home has been convicted of not insuring her car, in a case that highlights concerns over the Single Justice Procedure (SJP). The pensioner, from Dudley in the West Midlands, faced prosecution from the DVLA when it was discovered in September last year that the insurance on her Ford car had expired.
In a handwritten letter, she explained that she had overlooked making a Statutory Off Road Notification (SORN) due to her dementia. 'I have not held a driving licence since 10.11.23 due to a diagnosis of dementia,' she wrote, adding that mail had been hidden away by herself, meaning her family had no access to it. She also noted that after having a stroke, she was in a rehabilitation home.
It is understood the DVLA did not see the pensioner’s note before her case was put before a magistrate. The agency, as prosecutor, could have withdrawn the case as not in the public interest, but the fast-track design of the SJP meant that step was not considered.
The pensioner was convicted on a guilty plea at Taunton magistrates court last month, receiving a six-month conditional discharge with no financial penalty, but still acquiring a criminal conviction. The government has launched a consultation into possible changes to the SJP system, including requiring prosecutors to read mitigation letters and a code of practice for engaging with vulnerable defendants.
A DVLA spokesperson said: 'We urge anyone who receives a letter about potential enforcement action to get in touch with us if there are mitigating circumstances we need to know about. A Single Justice Procedure notice will only be issued when we have exhausted all other enforcement routes.'
