We all know that life can throw us a curveball when we least expect it, but for one 82-year-old pensioner from Liverpool, a hospital stay for a toe amputation turned into an unexpected brush with the law—and a criminal conviction that’s left many shaking their heads.

Picture this: you’re in the hospital, facing the daunting prospect of surgery, and the last thing on your mind is the paperwork piling up at home. For this gentleman, his focus was understandably on his health, not on the car tax for his 16-year-old Mercedes, which quietly expired at the end of October last year. While he was recovering from the loss of his big toe, the tax renewal slipped his mind.


When the authorities caught up with the unpaid tax, the pensioner wrote a heartfelt note to the court: ‘I was in hospital getting my toe amputated in November, and completely forgot to tax my car. I apologise.’ Despite his honest explanation, it wasn’t enough to avoid a criminal conviction for keeping an unlicensed vehicle.


The case highlights a much bigger issue with the current system for handling minor offences like unpaid car tax. Under the so-called Single Justice Procedure—a fast-track process designed to deal with simple cases efficiently—prosecutors such as the DVLA don’t even see mitigation letters like the one our pensioner wrote, unless a magistrate specifically asks for them. That means crucial context about a person’s circumstances can be completely overlooked.


Even the DVLA has called for change, suggesting that all mitigation letters should be considered before a case goes to court. But so far, the government hasn’t acted on this advice, despite promising a ‘fair and effective’ system and hinting at ‘fundamental reform’ as far back as November last year. Eight months on, nothing significant has changed.

In this case, the pensioner pleaded guilty in writing and was given a discharge by a magistrate in Ipswich, along with an order to pay £64 in unpaid car tax. But because the case wasn’t withdrawn, he now has a criminal conviction on his record—a harsh outcome for what many would see as a simple oversight during a medical crisis.

This isn’t an isolated incident. Investigations have revealed that the Single Justice Procedure has led to criminal convictions for dementia patients, care home residents, people with severe mental health issues, and even, astonishingly, deceased individuals. There have also been scandals involving tens of thousands of rail fare evasion convictions that had to be quashed, and even unlawful convictions against children.


Despite these mounting scandals, the Ministry of Justice maintains that there have been no recorded miscarriages of justice due to the Single Justice Procedure. They also claim that prosecutors play the same role in the fast-track system as they do in open court, even though they’re not actually present at these hearings.

Magistrates themselves have called for change, putting forward a 12-point plan to reform the system as far back as March 2024. Yet, under the previous government, no action was taken, and while the new government has conducted a consultation, we’re still waiting for meaningful reform.

So, what does this mean for everyday Aussies, especially those of us who might find ourselves in hospital or otherwise unable to keep up with life’s endless admin? It’s a stark reminder that even the most minor slip-ups can have serious consequences, and that our justice system sometimes lacks the flexibility and compassion needed to deal with real-life situations.
Have you or someone you know ever been caught out by a technicality like this? Do you think the system needs to change to better protect vulnerable people? We’d love to hear your thoughts and experiences—share your stories in the comments below and let’s get the conversation started!

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