A 77-year-old man suffering from severe dementia has been convicted through a controversial fast-track court process for failing to insure a car he is now unable to drive.
The pensioner stopped using his Peugeot in December 2024, the same month he received a diagnosis of dementia from doctors.
Court papers indicate the man is currently "confused much of the time" and incapable of managing his own affairs.
He reportedly has no memory of receiving a fine from the Driver and Vehicle Licensing Agency (DVLA) concerning the uninsured vehicle, which was issued in August last year. His brother was only alerted to the escalating problem when the DVLA opted to bring a criminal prosecution earlier this month, prompting him to send a letter to the court detailing the circumstances behind the unpaid bill.
But his letter was not enough to halt the prosecution, and a magistrate sitting in Derby convicted the man last Thursday of keeping a motor vehicle which does not meet insurance requirements.
The prosecution was brought under the Single Justice Procedure (SJP), a fast-track court process in which magistrates sit privately to rapidly deal with low-level criminal cases.
The design of the SJP system, which was invented as a cost-cutting measure in 2015, means that prosecutors such as the DVLA do not see letters from defendants when they are submitted to the court.
Chances to withdraw cases that are no longer in the public interest are regularly missed.
In the pensioner’s case, he was prosecuted due to not having insurance on his car on August 12 last year.
“(He) is a 77-year-old pensioner who is suffering from severe dementia,” the brother wrote.
“His illness became prevalent in the latter part of 2024.
“He was officially diagnosed in December 2024. He was advised not to drive from then on.
“Around the Spring of 2025, it was agreed that I would purchase the vehicle from him. So I arranged for the vehicle to have a new MOT.”
He said his brother, who lives in Middleton, Greater Manchester, did not drive at all in 2025, but wrongly told a doctor during one of his medical assessments that he “is still driving”.
“The severity of his dementia causes memory loss resulting in him being confused much of the time,” the brother continued.
“He is now incapable of managing his affairs to any degree and therefore I have only just become aware of this issue.
“(He) has no recollection of receiving any letters regarding this.
“I am currently seeking to obtain Power of Attorney to enable me to handle his affairs for him.”
The DVLA sent out a fine notice to the pensioner last August, and then moved to a prosecution when the penalty was not paid.
Magistrate Louise Hammond accepted a guilty plea entered on his behalf from his brother, and decided to impose a six-month conditional discharge rather than a fine.
The Single Justice Procedure is currently under review by the Labour Government thanks to complaints that it is overly secretive and a growing bank of evidence that vulnerable people, sick pensioners, and hospital patients are being unfairly convicted.
The Magistrates’ Association, the body which represents magistrates across England and Wales, said nearly two years ago that the system is in need of major reform, recommending a series of changes including a requirement for prosecutors to look at mitigation letters before cases go to court.
The DVLA itself agrees with the idea, and told ministers last spring that it would support such a change.
The Government says it is aware of concerns around the Single Justice Procedure and continues to assess responses to a consultation on possible changes which concluded in May 2025.
The DVLA says it urges anyone who receives a letter about enforcement action “to get in touch with us if there are mitigating circumstances we need to know about”.
It says it brings prosecutions when efforts to make contact and settle matters out of court have been unsuccessful.
The DVLA adds that the power to refer a mitigation letter back to a prosecutor for consideration of the public interest is currently something that lies with magistrates.
Even though a guilty plea was entered and accepted by the court, it is open to the DVLA to apply to the court to reopen the case.
Starmer allies ‘plan to block Andy Burnham’s route back to Westminster’
Trump provokes outrage with Nato Afghanistan claims
Why is Labour facing defeat over a social media ban for children?
MP stands down paving way for potential Burnham return
Major UK supermarkets launch investigations after shocking food waste claims
MPs slam ‘abject failure’ over insulation scheme as victims up to £230k out of pocket
