Special reasons

This blog will explain what a special reasons argument is in the context of criminal proceedings.  A special reasons argument would follow a guilty plea to an offence.

The definition of a special reason:

1. It must be a mitigating or extenuating circumstance;
2. It must not amount in law to a defence to the charge;
3. It must be directly connected with the commission of the offence;
4. The matter is one which the court ought properly to take into account when imposing punishment.

It is generally used in road traffic cases to argue that an obligatory disqualification should not be imposed or that the Court should not endorse your licence with penalty points.

During the argument you will be required to give evidence under oath or affirmation.

If the Court finds that special reason exists, it can still decline to reduce any disqualification or penalty points. However,  this would be unusual.

When making its decision, the Court will have regard to your credibility, any risk to the public and your knowledge or intention.

Examples of special reasons are:

Emergencies not covered by duress of circumstance,

Spiked or laced drinks,

Shortness of distance driven,

Lack of knowledge of a situation.

For more information or free initial advice please contact us on 01606 592159.