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EU driving licence referral by CCRC due to incorrect application of law  

Published:

The Criminal Cases Review Commission (CCRC) is highlighting to the legal profession a point of law in a referral made in June 2024 to the County Court in Northern Ireland, where there was a conviction for driving without a licence.  

Stefan Stefanov was convicted in April 2022. He had provided police with a Bulgarian driving licence when he was pulled over in January 2022.   

Mr Stefanov was prosecuted for driving without a licence on the basis that his Bulgarian driving licence only entitled him to drive in Northern Ireland for a year after he became a resident.  A key consideration in the CCRC review was whether this was correct as a matter of law. This conviction was quashed by the court in September 2024. 

The prosecution in the case relied on Article 55(1) of the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996 (the ‘1996 Regulations’). That article provides that a person who holds a ‘relevant permit’ is only entitled to drive in Northern Ireland for a period of one year after becoming resident.   

However, the definition of ‘relevant permit’ set out in Article 19D of the Road Traffic (Northern Ireland) Order 1981 (the ‘1981 Order’) does not include a ‘community licence’. 

A ‘community licence’ is defined under Article 19D as subject to certain exceptions, a document issued by an authority of an EEA State, in respect of that state, which authorises the holder to drive a motor vehicle.

It is important where an individual charged with driving without a licence has been able to produce a foreign driving licence, to establish whether that licence is a ‘community licence’.  

This is because holders of ‘community licences’ benefit from the provisions of Article 15A of the 1981 Order which permit them to drive in Northern Ireland until the licence expires or until they reach the age of 70, depending on the circumstances. Licences issued by EEA States which do not fall into the exceptions set out in Article 19D can properly be classified as ‘community licences’.  

Once it has been established whether a licence is a ‘community licence’, it may be necessary to consider issues around the validity of that licence.  

The European Court of Justice case of Grasser v Freistaat Bayern1 confirmed that if there is nothing on the face of the licence to indicate that the conditions for issue were not met, then it should be treated as having been validly issued by the relevant Member State.   

Having considered the European Union (Withdrawal) Act 2018, the CCRC concluded that the case of Grasser constituted ‘retained EU case law’.  It followed that Article 15A should be construed in accordance with the principles set out in that case.    

[ENDS] 

Notes to Editor:  

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.      
  1. There are currently 10 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.   
  1. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.      
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.     
  1. If a conviction is referred to the County Court it is for the Court to decide whether to uphold the conviction  
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate.