Banned drivers use ancient loophole to get back on the road
BANNED drivers are using an ancient royal pardon loophole to get back on our roads — all in secrecy, with victims and the public completely in the dark.
NSW
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BANNED drivers are using an ancient royal pardon loophole to get back on our roads.
And it’s all being in done in secrecy, with victims and the public kept in the dark.
The Daily Telegraph can reveal dozens of disqualified dodgy drivers have hijacked the “Royal Prerogative of Mercy”, which dates back hundreds of years and was traditionally used to pardon murderers from being hanged or sent to penal colonies, to win their licences back.
Under the loophole, drivers who have lost their licence throw themselves on the mercy of the state governor.
But the people who really make the clemency decision are faceless lawyers in the office of NSW Attorney-General Mark Speakman.
They are advised by equally faceless lawyers in the Department of Justice and the Crown Solicitor’s Office.
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All operate in total secrecy.
No announcements are made and the details and names of those involved are never released.
A Freedom of Information application has uncovered that since January 2016 there were 85 applications for the Royal Prerogative of Mercy. Of these, 71 were made by banned drivers and 18 were granted.
The other two pardons issued in that time were for one person convicted of historical sexual offences of carnal knowledge and a second that gives no details.
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A pardon means convictions are deemed to be “spent” and do not have to be declared when applying for jobs.
There are now calls to end the secrecy.
Barrister Chris Nowlan, who has advised clients about how to apply for a royal pardon, said NSW should follow the US, where details of presidential pardons are made public: “I think the public has a right to know.”
Mr Speakman yesterday said the royal pardon was “exercised in only the most exceptional circumstances” and took into account a person’s “entire offending history”.