Hundreds of motorists who are banned from driving by the courts, return each year to request their licences back - and three quarters of them are successful, according to figures.

The decisions to put errant drivers back on the road has been described as 'unacceptable' by a campaigner who believes courts are too lenient on those who ask for their driving bans to be lifted.

Margaret Decker, of the Scottish Campaign against Irresponsible Drivers (SCID), said: "These are usually cases where there have been serious offences, including fatalities, or careless driving or people convicted of drink driving.

"It is not acceptable for someone who has lost a family member in such an incident to see them driving down the street half way through a five year ban. But we have had people who have found out through a newspaper, and one family who had been bereaved saw the driver responsible driving because he lived locally.

"The guidelines on this are clear and it should not just be that someone can simply apply to court and get their licence back. But that is what seems to be happening."

Figures obtained by SCID from the Scottish Court Service show that only a small percentage of banned drivers seek to have their licences returned half way through a ban.

Drivers are entitled to request this and those who do often cite needing a car for work, or family duties or caring responsibilities as reasons for its return. They are also expected to show remorse.

Of those who do, a high percentage are successful, and the success rate is rising.

In 2010, 5754 drivers were banned in Scotland, according to the DVLA, with 8517 disqualified from having a license in 2011, 10241 disqualified in 2012 and 9250 in 2013.

However, in 2010, 336 disqualified drivers asked for their licences back and 222 (66%) were successful. In 2011, and 2012 the success rate rose to 73% (235 successful applications out of 323 in 2011 and 228 out of 311 in 2012).

By 2013 the success rate had risen to 81%, with 234 drivers asking for disqualifications to be lifted and 183 of those successful.

Ryan Cardosi, of Wick, recently successfully appealed to the High Court to shorten a ban imposed on him, as well as a prison sentence, after he admitted causing the death by dangerous driving of 17 year old footballer Scott Mackenzie.

But in many cases, the public and particularly victims are unaware the ban is not being served in full, according to campaigners.

The figures have been highlighted as a blot on the Scottish Government and legal system's record by the Human Rights Consortium Scotland, in a report to the UN Human Rights Committee hearing taking place on July 1st and 2nd.

The HRCS said it raised questions about transparent and accountable sentencing. The report added: "Victims injured and families bereaved by road crashes have no knowledge that the penalty of disqualification imposed by the courts will not be fulfilled. These victims suffer secondary victimisation when they realise that an offender's ban has been rescinded."

In one case a family was horrified to learn that the driver 'wished to make his life easier', pointing out that theirs would never be the same, the report says. It says: "In another case a husband was in shock after seeing the driver who killed his wife driving locally."

The report calls for relevant families and victims to be able to be notified if a convicted driver applies for the early return of a licence, calling for the government to change the law to allow it.

Ms Decker points out such a change originally part of consultation for the government's current victims and witnesses bill but has now been dropped, "The Scottish Government say it is important to include victims in the criminal justice system. But we have been asking for this for five years and are not getting any movement. They have the opportunity to change," she said.

A Scottish Government spokesperson said: "Legislation relating to drivers being able to seek court approval to have their driving ban overturned after a period of time is reserved to the UK government. However, the Scottish Government has committed to exploring the issues raised by Scotland's Campaign against Irresponsible Drivers, in collaboration with organisations from across the justice system, and will respond to its proposal once full consideration has been given."