Yes, but that is still a voidable policy - it requires an action by the company.
They can do that as regards the contract law - the agreement between the underwriter and the insured - however under the Road Traffic Act the policy remains in force until the company takes steps to withdraw the policy.
I still think that the prosecutions ( if in fact successfully carried out as originally posted ) are unsafe.
I'd certainly be appealing.
Andy
[Edited on 28-5-2004 by Rushjob]