Bingham, Stephen

Stephen Bingham was convicted in May 2003 of driving otherwise in accordance with a licence and received a sentence of four months’ imprisonment.

The CCRC received an application for review of the conviction in November 2012.

Mr Bingham had been banned for driving for five years in 1997 for motoring offences. It was recorded on the Police National Computer and by the DVLA that upon expiry of his ban, Mr Bingham would need to retake his test.

When Mr Bingham’s vehicle was stopped by police in December 2002, he was only a provisional licence holder.

During review, the CCRC obtained new evidence in the form of a letter from the judge who had sentenced Mr Bingham in 1997 stating that he never in fact ordered Mr Bingham to retake his test upon expiry of his ban (the retaking of a test must be ordered by the court).

Therefore, Mr Bingham should have been a full licence holder when stopped in 2002. This evidence was supported by a letter from the barrister who had represented Mr Bingham in 1997.

The CCRC referred the conviction in February 2014.

The Crown Court quashed the conviction in April 2014.