High Court removes remaining driving disqualification period from man who killed pensioner in crash

About this case:

• Citation:
  [2024] HCJ 2
• Judgment:
  External link
• Court:
  High Court of Justiciary
• Judge:
  Lady Poole

James Hilton, aged 32, was imprisoned for four years and two months and disqualified from holding or obtaining a driving licence for nine years. He sought removal of the period in order to capitalise on employment opportunities and make it easier for him to visit family members in the north of Scotland where he grew up.

The petition was considered by Lady Poole. A written reference was provided to the court by the petitioner’s employer, and the petition was unopposed.

Come to terms

In 2017, the petitioner pled guilty to an offence of causing death by dangerous driving under section 1 of the Road Traffic Act 1988. The offence was described as extremely serious and resulted in the death of an 81-year-old man. It was noted that the petitioner himself suffered serious injuries in the crash resulting in long term health problems.

As the disqualification was imposed under section 36(1) of the Act, the petitioner required to sit an extended test of competence to drive in order to obtain a licence again and could not seek to remove this part of his sentence. However, he was able to seek removal of the disqualification period itself in line with previous court decisions.

At the time of the application, the petitioner had served seven years and three months of the disqualification period. Whilst imprisoned in HMP Grampian he had completed the restorative justice programme and undergone counselling to come to terms with his offence. Within two weeks of his release, he was able to obtain employment in the hospitality industry and later moved into recruitment in Edinburgh.

The reference provided by the petitioner’s employer noted that he had a strong work ethic and a proven track record of success, but that his lack of a licence had impacted on his efficiency. It requested the court to grant his application so he can make further contributions to the company and business community.

In addition to work purposes, it was also noted that the petitioner would like to be able to see members of his family in the north of Scotland who do not live on public transport routes more easily. He added that his partner had current issues with being able to drive due to an eye condition, and he wished to provide assistance.

Proper to remove

In her decision, Lady Poole said of the relevant law: “Section 42(6) does not exclude applications for removal of disqualifications imposed under section 34 of the 1988 Act. It was therefore competent for the petitioner to seek removal of his disqualification from holding or obtaining a driving licence for a period of 9 years from 19 May 2017. This is consistent with the outcome of a number of previous court decisions [including] HMA v Duffus (2017), Whyte, Petitioner (2017) [and] HMA v Singh (2022), none of which contain reasons on this point.”

She added: “A lengthy period of disqualification was merited. The petitioner has benefitted from his case pre-dating the introduction of extension periods under section 35C of the 1988 Act. However, the petitioner has been disqualified for about 7¼ years of the 9 year period imposed by the court.”

Lady Poole concluded: “The court was satisfied, having regard to the character of the petitioner, his conduct subsequent to the order, the nature of the offence, and all the circumstances of the case, that it was proper to remove the period of disqualification with effect from 29 August 2024, the date it granted the application. The court removed the remaining period of the 9 year disqualification from driving imposed upon the petitioner by the High Court on 19 May 2017.”

However, she noted that the court could not restore his licence, saying: “The court has no powers to make such an order, given the terms of section 42(6). The petitioner remains subject to having to sit the extended test of competency to drive. The practical effect of the court’s order is that the petitioner may now apply for a provisional licence and then take the extended test of competency to drive. He remains disqualified from driving without proper supervision until he has passed that test.”