A 93-year-old woman with dementia living in a care home has been convicted of not insuring her car, in the latest outrage to emerge from the Single Justice Procedure.
The pensioner faced a criminal prosecution from the DVLA when it was discovered in September last year that the insurance on her Ford car had expired.
In a handwritten letter, she detailed how the mistake had been made.
“I have not held a driving licence since 10.11.23 due to a diagnosis of dementia”, she wrote.
“The car has been kept on the drive during this period.”
She admitted to having “overlooked” making a Statutory Off Road Notification (SORN) for the car, but then added: “Mail has been hidden away by myself due to the dementia, meaning family have not had access to it.
“After having a stroke, I am now in a rehabilitation home recovering.
“I have been here since the middle of November.”
It is understood the DVLA – which prosecuted the case – did not see the pensioner’s note before her case was put before a magistrate.
The agency – as prosecutor – could have chosen to withdraw the prosecution as not being in the public interest. But thanks to the fast-track design of the Single Justice Procedure, that step was not even considered.
The pensioner, from Dudley in the West Midlands, was convicted on a guilty plea at Taunton magistrates court last month. She was given a six-month conditional discharge, meaning no financial penalty, but still has a criminal conviction against her name.
The government launched a consultation on Thursday into possible changes of the SJP system, including a new obligation for prosecutors to read mitigation letters and a code of practice which would obligate agencies like DVLA to engage with potentially vulnerable defendants.
The consultation is due to end on May 8, but the SJP system continues to operate in the meantime.
The Standard’s long-running investigation into the Single Justice Procedure first highlighted in August 2023 that defendants with dementia are sometimes prosecuted over unpaid bills.
Magistrates already have the power to refer SJP cases back to prosecutors if they believe – in light of the mitigation - the case may not be in the public interest.
The DVLA also says defendants with strong mitigation should get in touch with the agency directly.
A spokesperson said: “We urge anyone who receives a letter about potential enforcement action to get in touch with us if there are mitigating circumstances we need to know about.
“A Single Justice Procedure notice will only be issued when we have exhausted all other enforcement routes, including issuing multiple items of correspondence, to which the customer can respond to DVLA with their mitigation.
"Once progressed to SJP, any defendant can request a hearing in open court, but for those pleading guilty via SJP, including those with mitigating action, are considered by a magistrate. These can be referred back to DVLA but whether or not to do so is a decision taken by the magistrate."
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