§ The Marquess of AILESBURY asked Her Majesty's Government:
§ Whether they can state what broad general principle ought, in their view, to guide magistrates in deciding whether or not to order the endorsement of a driving licence as part of the sentence for a motoring offence.
§ The PARLIAMENTARY UNDER-SECRETARY of STATE, HOMEOFFICE (Lord Belstead)
The duty to order the endorsement of a driving licence does not fall within the discretion of the convicting court but is imposed by the Road Traffic Act 1972. The Act allows limited discretion to a court to refrain from endorsement in cases where it finds special reasons for not doing so; the courts have interpreted "special reason" to mean one which is special to the offence and not the offender.