A 77-year-old man from Middleton, Greater Manchester, has been convicted for failing to insure a car he is no longer able to drive due to his severe dementia. The case has raised concerns about the fairness of the legal system’s treatment of vulnerable individuals.
The man, who was first diagnosed with dementia in late 2024, mistakenly told a doctor that he was still driving. This led the Driver and Vehicle Licensing Agency (DVLA) to send him a fine notice last August, which he failed to pay. The DVLA then initiated a criminal prosecution against the man, despite his brother’s efforts to explain the circumstances.
The man’s brother, who is now seeking power of attorney to handle the man’s affairs, said the severity of the dementia has caused significant memory loss, leaving the man “confused much of the time” and unable to manage his own affairs. He argued that the man “has no recollection of receiving any letters regarding this” fine.
Magistrate Louise Hammond accepted a guilty plea entered on the man’s behalf and decided to impose a six-month conditional discharge rather than a fine. However, the case has raised concerns about the use of the Single Justice Procedure, a fast-track court process that has been criticised for potentially convicting vulnerable individuals unfairly.
The DVLA stated that it brings prosecutions when efforts to resolve matters out of court have been unsuccessful. The agency also said that the power to refer a mitigation letter back to a prosecutor for consideration of the public interest currently lies with the magistrates.
This case highlights the need for greater understanding and consideration of the challenges faced by individuals with dementia within the legal system. Advocates argue that more should be done to protect vulnerable people from being unfairly penalised for circumstances beyond their control.
