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DVLA’s drivers database holds 46,762,863 driving licences. The figures provided
reflect the position of the drivers database as at 26 September 2015.
Whilst DVLA maintains a record of all GB fixed penalties and Court ordered
endorsements, the Agency has no responsibility for or influence on Court imposed
sentences.
In England and Wales, the Magistrates Courts Sentencing Guidelines produced by
the Sentencing Council provide a framework setting out how to establish the
seriousness of each case and the most appropriate way of dealing with it. This helps
the Magistrates Courts ensure that any penalty reflects the seriousness of the
offence and the personal circumstances of the offender.
In Scotland, Sentencers determine each case on its merits and give full
consideration to the most appropriate way of dealing with it. The penalty imposed
reflects the seriousness of the offence and the personal circumstances of the
offender.
The statistics provided are likely to include cases where drivers have received court
sentences including disqualification, supervision orders, community punishment
orders or imprisonment. Where sentences have been imposed other than through
the totting up process, the penalty points follow standard periods of validity according
to the offences concerned. Following the period of disqualification imposed, drivers
can re-apply for their licence meaning that they can have a high number of valid
penalty points and current entitlement to drive, even though the sentence of the court
has been served.
In a small percentage of cases where the driver has accumulated 12 or more penalty
points, the Agency understands that a Court can exercise its discretion and not
disqualify the driver. In the majority of these cases, Magistrates or Sentencers may
have decided to allow drivers to retain their entitlement to drive where it is
considered that disqualification would cause exceptional hardship.
DVLA checks with courts when a driver’s 12 current penalty point threshold is met or
exceeded but where a disqualification is not imposed at the time of the conviction.
The Agency takes this action to confirm that this is the intention of the Court and to
help ensure DVLA records motoring convictions and sentences as accurately as
possible.
The information which follows concerns the procedures for making any complaint
you might have about the reply. Please quote the reference number of this letter in
any future communications about it.
Yours sincerely
ppRobert Toft
Head of Data Sharing Policy & Freedom of Information Team