Advocacy in the Magistrates' Court
by John Mackenzie
Published 1994
The Legal Action Group
Paperback
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Appeals and Review Remedies for Magistrates' Court Decisions
by Andrew Keogh
Published 1999
Blackstone Press
Paperback
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by Neil Corre, David Wolchover
Published1999
Blackstone Press
Paperback
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A)
Obligatory disqualification and/or endorsement may be avoided by proof on oath of SPECIAL REASONS, namely, reasons which are special to the facts of the offence rather than to the offender. If the court finds special reasons it may exercise a discretion not to disqualify or endorse, or disqualify for a lesser period than the statutory minimum. The special reasons must be stated in open court and recorded in the court register.
B)
If there is a defect in the brakes. steering, tyres or condition of the vehicle and the defendant shows that he did not know of the defect nor had and reasonable cause to suspect the defect the court may exercise a discretion not to endorse his licence