A 93-year-old woman with dementia has been convicted of not insuring her car through the controversial Single Justice Procedure (SJP).
The pensioner, who lives in a care home, received a criminal conviction despite explaining her condition in a handwritten letter.
She faced prosecution from the DVLA after the car insurance for her Ford expired in September last year.
The case has sparked fresh outrage over the fast-track court system, which is currently under government consultation for potential reforms.
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The elderly driver now has a criminal conviction
GETTY/DVLA
The elderly woman from Dudley in the West Midlands was given a six-month conditional discharge but still has a criminal conviction against her name.
In her handwritten letter, the pensioner detailed how the mistake had occurred. She wrote: "I have not held a driving licence since 10.11.23 due to a diagnosis of dementia."
She explained the car had remained on her drive during this period, although she admitted that she had overlooked the Statutory Off Road Notification (SORN) requirement.
The 93-year-old added: "Mail has been hidden away by myself due to the dementia, meaning family have not had access to it.
"After having a stroke, I am now in a rehabilitation home recovering. I have been here since the middle of November."
It is understood the DVLA did not see the pensioner's note before her case was put before a magistrate, the Evening Standard reported.
The agency, as prosecutor, could have withdrawn the case as not being in the public interest.
However, due to the fast-track design of the Single Justice Procedure, this step was never considered.
The pensioner was convicted on a guilty plea at Taunton Magistrates Court last month. While she did not receive a financial penalty through the conditional discharge, she now has a criminal record.
A spokesperson for the DVLA said: "We urge anyone who receives a letter about potential enforcement action to get in touch with us if there are mitigating circumstances we need to know about.
"A Single Justice Procedure notice will only be issued when we have exhausted all other enforcement routes, including issuing multiple items of correspondence, to which the customer can respond to DVLA with their mitigation.
"Once progressed to SJP, any defendant can request a hearing in open court, but for those pleading guilty via SJP, including those with mitigating action, are considered by a magistrate.
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The elderly driver admitted that the insurance on her vehicle had expired
GETTY"These can be referred back to DVLA but whether or not to do so is a decision taken by the magistrate."
Critics argue the streamlined SJP process lacks sufficient safeguards for those with diminished capacity, prompting the Government to launch a consultation looking into the issue last week.
The review could introduce new obligations for prosecutors to read mitigation letters from defendants and may also establish a code of practice requiring agencies like the DVLA to engage with potentially vulnerable defendants.
