Driving Without Due Care and attention

TooManyPoints

Don't know if he wants to appeal as came home at 4am so not the best time to have that discussion.

An appeal to the Crown Court against sentence would be absolutely pointless and result in an expensive day out. The sentence is perfectly reasonable. Careless driving attracts a minimum of three and a maximum of nine points. As with any offence that carries an endorsement and points it can also be dealt with by way of a disqualification. Six points is bang in the middle of that range and from the way you describe it the incident looks to be towards the top end of seriousness. In short I suggest your brother got off lightly.

Any appeal will be heard before two Magistrates (from a different Bench to the one where your brother was convicted) and a Crown Court judge. Each has an equal say on whether the sentence should be amended or not. There is no way I can see any of them agreeing to decrease it and, as mentioned, they have the power to increase it, which is far more likely. Even if the sentence remains the same it will cost your brother a contribution towards costs and I believe the current starting rate for a Crown Court appeal is £1,350. When your brother manages to stir himself after last night's activities and before he goes out again you would do well to take the opportunity to advise him of this and forget all about any appeal. He also needs to be careful because six more points (e.g. two minor speeding offences too fast for a course) within three years of the date of this offence will see him face a six month ban for "totting up".

DoaM

As it's Scotland it won't be Magistrates. More likely Sheriffs.

TooManyPoints

As it's Scotland it won't be Magistrates. More likely Sheriffs.

Indeed. Thanks for the correction. I'm not sure who presides over appeals from the lower court in Scotland (all a bit of a closed book to me). But the principle is the same.

Car_54

TooManyPoints wrote: »

Indeed. Thanks for the correction. I'm not sure who presides over appeals from the lower court in Scotland (all a bit of a closed book to me). But the principle is the same.

Criminal appeals in Scotland are to the Sheriff Appeals Court, which has a bench of two or three sheriffs. Unlike magistrates, these are legally qualified professional judges.

TooManyPoints

Thanks C54. As you said the other day - you live and learn!

One other thing that struck me when Scotland was mentioned is that I think I'm right in saying that no prosecution costs are awarded against a defendant in Scotland (when cases are heard in the first instance in the Sheriffs' Courts). I'm not sure if that is also true for appeals. If so, the OP's brother would not have quite so much to gamble.

Mercdriver

The sentence is by no means unreasonable. The guy that drive straight into me on my bike didn't even get a caution. My reward was 8 months off work, almost costing me my job.