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Change 1
As published
46 Combination of disqualification and endorsement with probation orders and orders for discharge.
(1) Notwithstanding anything in section 82(4) of the Sentencing Code (conviction of offender . . . discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an order discharging him absolutely or conditionally,
may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 , 44 or 44A of this Act.
(2) A conviction—
(a) in respect of which a court in England and Wales has ordered a person to be disqualified, or
(b) of which particulars have been endorsed on ... his driving record,
is to be taken into account, notwithstanding anything in section 82(2) of the Sentencing Code (conviction of offender . . . discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.
(3) Where—
(a) a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and
(b) the court makes an order in respect of the offence under section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995
then, for the purposes of sections 34, 35, 36, 44 ... and 45A of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and section 247 of that Act shall not apply.
Your change, as a redline
46 Combination of disqualification and endorsement with probation orders and orders for discharge.
(1) Notwithstanding anything in section 82(4) of the Sentencing Code (conviction of offender . . . discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an order discharging him absolutely or conditionally,
may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 , 44 or 44A of this Act.
(2) A conviction—
(a) in respect of which a court in England and Wales has ordered a person to be disqualified, or
(b) of which particulars have been endorsed on ... his driving record,
is to be taken into account, notwithstanding anything in section 82(2) of the Sentencing Code (conviction of offender . . . discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.
(3) Where—
(a) a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and
(b) the court makes an order in respect of the offence under section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995
then, for the purposes of sections 34, 35, 36, 44 ... and 45A of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and section 247 of that Act shall not apply.
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