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Disqual driving - code G


LosingGrip
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Hi all!  

I maybe over thinking this. I’ve currently got a case file waiting for review by my SGT for a disqual driver. He was stopped a month ago and a VA was arranged. I saw him off duty driving three days before the VA. He has admitted both. 
 

I saw him driving again on my rest days. He has said he’ll keep driving. 
 

I want to arrest him, interview for when I’ve seen him off duty and look at a remand. 
 

Sometimes the custody sgts can be a bit hit and miss and prompt and effect for interview may not be enough. 

(I’ve had a DP rejected for a high risk DA because I could have VAd them. Ignoring the fact she tried to hide and is NFA…).  

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20 minutes ago, LosingGrip said:

Hi all!  

I maybe over thinking this. I’ve currently got a case file waiting for review by my SGT for a disqual driver. He was stopped a month ago and a VA was arranged. I saw him off duty driving three days before the VA. He has admitted both. 
 

I saw him driving again on my rest days. He has said he’ll keep driving. 
 

I want to arrest him, interview for when I’ve seen him off duty and look at a remand. 
 

Sometimes the custody sgts can be a bit hit and miss and prompt and effect for interview may not be enough. 

(I’ve had a DP rejected for a high risk DA because I could have VAd them. Ignoring the fact she tried to hide and is NFA…).  

From experience of working within custody, I'd have a chat with a custody sergeant beforehand and tell them your plan of attack. Advise that you're wanting them arresting and you'd be looking for a remand if able and what would the likelihood be? Some sergeants will tell you straight out no and others will say it's no problem but to make sure that suspect gets brought in whilst they are working so they can oversee it all. 

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First of all, have you considered visiting the driver and requiring them to produce their licence under S164, and then when they inevitably fail seizing the vehicle under S165A? There is nothing in that section saying that the seizure must happen immediately after seeing the vehicle mobile on a road, nor even within 24hrs as we're not talking about a FTS case.

Secondly, of course prompt and effective won't pass muster for something you could deal with by summons; maybe look at the prevent damage/injury angle instead. What was this person disqualified for, are they a danger whilst on the road and is it necessary to consider bail conditions or a remand in custody to protect the public? Can you give objective reasons why an arrest is the practical, sensible and proportionate option as per Note 2C of Code G? 

Or thirdly, deal with this one the same way and then ask your CJU to accelerate the postal requisition for all three together on the basis that the conduct is continuing and so it's a higher risk case? Perhaps with the remark about continuing to drive in there as a significant statement. 

Fourthly, is there an action marker on the PNC so other people can proactively stop the vehicle on sight as well?

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Further to the above and if you really have the bit between your teeth, it is theoretically possible for a court to grant a deprivation order to remove the offender's vehicle, R v Highbury Corner Magistrates' Court ex p Di Matteo (1990). While deprivation appears to have recently changed with the Sentencing Act 2020, nothing there seems to suggest that has changed. 

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On 26/07/2021 at 18:01, LosingGrip said:

Hi all!  

I maybe over thinking this. I’ve currently got a case file waiting for review by my SGT for a disqual driver. He was stopped a month ago and a VA was arranged. I saw him off duty driving three days before the VA. He has admitted both. 
 

I saw him driving again on my rest days. He has said he’ll keep driving. 
 

I want to arrest him, interview for when I’ve seen him off duty and look at a remand. 
 

Sometimes the custody sgts can be a bit hit and miss and prompt and effect for interview may not be enough. 

(I’ve had a DP rejected for a high risk DA because I could have VAd them. Ignoring the fact she tried to hide and is NFA…).  

Did anything come of this? 

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