Road Traffic Offenders Act 1988
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Change 1
35D Effect of sentence of imprisonment in other cases: Scotland
(1) This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and— (a) the court proposes to impose on the person a sentence of imprisonment for another offence, or (b) at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so. (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment. (4) If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2). (5) In this section “sentence of imprisonment” has the same meaning as in section 35C.
35D Effect of sentence of imprisonment in other cases: Scotland
(1) This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and— (a) the court proposes to impose on the person a sentence of imprisonment for another offence, or (b) at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so. (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment. (4) If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2). (5) In this section “sentence of imprisonment” has the same meaning as in section 35C.
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