Penalty Points AND a fine = Double jeopardy?

justforgroups

Hi,
By imposing both Penalty Points and a Fine, is the state effectively punishing a person for the same offence twice?

I know Double Jeopardy is permitted under certain circumstances (Criminal Procedure Act 2010) but I don't believe this extends to the Road Traffic Act 2002?

JFG

Paulw

justforgroups wrote: »

Hi,
By imposing both Penalty Points and a Fine, is the state effectively punishing a person for the same offence twice?

It is not two separate punishments for the offence, but one punishment in two parts.

justforgroups

Paulw wrote: »

It is not two separate punishments for the offence, but one punishment in two parts.

Isn't that just convenient phrasing though?

Penalty Points are imposed to (eventually) make you lose your license. It also has the effect of raising your insurance premium. Hence penalty points are a punishment in and of themselves. The 'direct' fine is yet another punishment for the same offence - just this one is coming directly from your pocket.

coylemj

This has come up in the past and the courts have held that a driving licence is a privilege, not a right so the state can include the possibility of disqualifying you from holding a licence (note that it not disqualified from driving) and it does not strictly count as a punishment, simply a restriction or withdrawal of such privilege.

In the alternative, it can be argued that including the monetary fine allows the court to 'tweak' the punishment to fit the offence based on (1) the relative gravity of the offence and (2) the means of the person before the court. So for example if someone was caught driving past a school with lots of children about while holding a mobile phone or if they were a person of considerable means, the fine could be much larger than for a marginal offence (speeding where you were barely over the limit) or where the person was unemployed and couldn't afford to pay a large fine.

Jawgap

Double jeopardy is about the trial not the punishment.

If you go before the court and say somehow manage to get a fine, points, disqualified and a community punishment - then that's the outcome of the trial. The judge is not confined to imposing only one class of punishment.

What they (the State) can't do is after the trial decide to bring you back and try you again for the same offences or for different offences arising from the same set of circumstances - they get, generally, one bite of the cherry.

Otherwise, they could try you for something serious, if that doesn't work go again on a lesser charge and keep going until they got one to stick!!

justforgroups

Jawgap wrote: »

Double jeopardy is about the trial not the punishment.

Ah, I see. Thanks for clearing that up for me!

p.s. This was just a point (pun intended) that I was interested in! I don't have PPs or a fine.

Mr. Incognito

Revoking or restricting a licence is not a criminal sanction.

Double Jeopardy means you cannot be convicted of the same criminal offence twice.

The fine is a criminal sanction.

The restriction of your licence is not.