What are Special Reasons?

The running of special reasons is quite rare, but it can be a useful tool to seek to avoid a disqualification being imposed.

A definition is provided in the case of R v Crossen [1939] 1 NI 106:

“A‘ special reason’ within the exception is one which is special to the facts of the particular case, that is special to the facts which constitute the offence. It is, in other words, a mitigating or extenuating circumstance, not amounting in law to a defence to the charge, yet directly connected with the commission of the offence and one which the court ought properly to take into consideration when imposing punishment. A circumstance peculiar to the offender as distinguished from the offence is not a ‘special reason’ within the exception.”

The approach to be taken to defining special reasons was further considered in R v Wickens (1958) 42 Cr. App. R. 236namely that the facts relied upon must:

(a) be a mitigating or extenuating circumstance;
(b) not amount in law to a defence to the charge;
(c) be directly connected with the commission of the offence; and
(d) be one which the court ought properly to take into consideration when passing sentence

There are seven points that are considered to be relevant when deploying an argument of special reasons (as were set out in Chatters v Burke [1986] 3 ALL E.R. 168):

1.     How far the vehicle was driven (no distance);

2.     In what manner it was driven (no evidence of poor control);

3.     The state of the vehicle (no issue of poor repair);

4.     Whether the driver intended to go further (in this instance it would be no further)

5.     The road and traffic conditions prevailing at the time (no suggestion of poor conditions);

6.     The likelihood of risk to any other road users or pedestrians (no evidence of risk);

7.     What the reason was for driving the car (instead why was the phone being plugged in).

The case of James v Hall [1972] R.T.R. 228 provides authority for the basis that shortness of distance driven can amount to a Special Reason. As with many matters involving disqualification, this will ultimately be a matter for the discretion of the court.

No Insurance

An argument of special reasons often arises in drink driving cases or those matters involving no insurance. This was considered in Rennison v Knowler [1948] 1 K.B. 488¸ it was held that:

“It may be that if a man who felt he did not understand his policy took the advice of someone who was apparently in a position to explain it, such as an insurance agent, and received a wrong opinion, this might be considered a special reason, or again, if the question turned on some obscure phrase which might lead a person to believe he was covered when a court ultimately decided that he was not. Those are questions which can be decided if and when they arise.”

The test that is normally applied to cases of no insurance is therefore described as being a determination as to whether the defendant had an honest belief, reasonably held, that they were insured.

Driving Whilst Disqualified

The case of Robertson v McNaughton [1993] SLT 1143 establishes a legal precedent supporting the argument that, in specific situations where a driver is unknowingly disqualified and later discovered driving while disqualified, a Special Reason may exist. This could allow them to avoid an additional period of disqualification or the imposition of penalty points.

Driving during an Emergency

Driving in an emergency may also constitute a Special Reason. In Brown v Dyerson [1969] 1 Q.B. 45, while the court ultimately determined that the defendant had not provided enough evidence to justify a Special Reason, it was nonetheless acknowledged that such circumstances could potentially qualify under the right conditions.

It will normally be a requirement that an argument of special reasons is supported by evidence, as such it is advisable to ensure legal representation is put in place.