DRIVING CONVICTIONS AND PENALTIES (Hansard, 13 April 1961)

§ BARONESS WOOTTON of ABINGER
My Lords, I beg leave to ask the first Question which stands in my name on the Order Paper.

THE JOINT PARLIAMENTARY UNDER-SECRETARY OF STATE FOR THE HOME DEPARTMENT (EARL BATURST)
My Lords, I regret that statistics for 1960 are not yet available. Information about the amounts of fines imposed by the higher courts is also not available. In England and Wales during 1959 there were four convictions by magistrates' courts of the offence of dangerous or reckless driving for which the maximum fine was imposed. This figure represents approximately 06 of 1 per cent. of the total number of convictions at such courts for this offence. For the offence of careless or inconsiderate driving, the best estimates that can be made of the corresponding figures are 75—that is, convictions with maximum fine—and the percentage is 001. These figures are, however, based on a sample of convictions, and are consequently subject to a considerable degree of error. I regret that no comparable figures are available in respect of Scotland.

§ BARONESS WOOTTON OF ABINGER
My Lords, I am much indebted to the noble Earl for that information.

§ LORD SHEPHERD
My Lords, I beg leave to ask Question which stands in my name on the Order paper.

EARL BATHURST
My Lords, again the 1960 figures are not yet available, but I hope that they will be available in July of this year. In 1959, in England and Wales, there were 337 convictions at assizes and quarter sessions for offences of driving under the influence of drink or drugs; 57 convictions for offences of being in charge of a vehicle when under the influence of drink or drugs; and 233 convictions for offences of reckless of dangerous driving. At magistrates' courts, convictions for these three categories of offences were 3,721, 914 and 7,177 respectively; and these were 55,268 convictions at magistrates' courts for offences of careless or inconsiderate driving. The fines imposed at magistrates' courts for these four categories of offences averaged, respectively, £24, £18, £15 and £7. I regret that information about the amounts of fines imposed by the higher courts is not available.
I also regret that information about periods of disqualification is not available in a form which would enable me to answer the noble Lord's questions. I have, however, already given him a copy of the Return of Offences Relating to Motor Vehicles for the year 1959. The last two pages of this publication give particulars of disqualifications from holding or obtaining driving licences imposed by magistrates' courts, and also particulars of applications for the removal of disqualification dealt with during 1959 by all courts.

§ LORD SHEPHERD
My Lords, I thank the noble Earl for his detailed Answer, but may I ask him in relation to the first offence in my Question—that is, driving under the influence of drink or drugs—whether, when the existing fine is £100, the Government are satisfied that the average fine of £24 reflects the magistrates' or the courts' view of the seriousness of this offence?

EARL BATHURST
My Lords, Her Majesty's Government fully realise, as I am sure the noble Lord knows, the seriousness of these offences. But I must draw the noble Lord's attention to the fact that really these averages which I have given him do not bear relation in fact to the seriousness of the particular fines to which the averages would apply. There are many heavy fines but they are nothing like so numerous as those reflected by the averages that I have given. I hope that I have made that clear to the noble Lord.

§ LORD SHEPHERD
My Lords, is the noble Earl not aware that driving under the influence of drink or drugs is one of the most serious offences that a motorist can commit? While the noble Earl has given us the average figures, and we recognise that there will be heavy fines on one side, there are, on the other side very small fines being imposed by the courts. Are the Government satisfied with the situation?

EARL BATHURST
My Lords, I think we shall see that this is one of the purposes of the Road Traffic Bill, which will be put before your Lordships in a few minutes. But it is quite true that some of these fines, as shown in the averages, do appear to be small compared to the maximum fine possible. But the noble Lord should not get the opinion that the imposition of larger fines is lessening: in fact, heavier fines are now being imposed.

§ LORD LINDGREN
My Lords, in addition to the fine in magistrates' courts there is often, and generally, an advocate's fee and costs. Has the noble Earl any information as to how much that brings up the amount paid by the convicted person?

EARL BATHURST
My Lords, I am afraid that I have not that information, but I will look into it.

§ VISCOUNT ALEXANDER OF HILLSBOROUGH
My Lords, can the noble Earl say the number of cases under category A of the Question which have been the subject of imprisonment?

EARL BATHURST
My Lords, I cannot say that. But it may be in these voluminous statistical columns, and I will look into it and let the noble Viscount know.

§ LORD SHEPHERD
My Lords, may I help the noble Earl by saying that the number is 170?

§ LORD STONHAM
My Lords, the noble Earl has given us the figures for fines, but is it not a fact that in many cases, there must have been a sentence of imprisonment in addition to a fine?

EARL BATHURST
That may be so.