(1) Where—
(a) a person is convicted of an offence to which this subsection applies, and
(b) the penalty points to be taken into account on that occasion number twelve or more,
the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
(1A) Subsection (1) above applies to—
(a) an offence involving discretionary disqualification and obligatory endorsement, and
(b) an offence involving obligatory disqualification in respect of which no order is made under section 34 of this Act.
(2) The minimum period referred to in subsection (1) above is—
(a) six months if no previous disqualification imposed on the offender is to be taken into account, and
(b) one year if one, and two years if more than one, such disqualification is to be taken into account;
and a previous disqualification imposed on an offender is , subject to subsection (2A), to be taken into account if it was for a fixed period of 56 days or more and was imposed within the three years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under section 29 of this Act.
(2A) A previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to—
(a) section 35A or 35C,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.
(3) Where an offender is convicted on the same occasion of more than one offence to which subsection (1) above applies—
(a) not more than one disqualification shall be imposed on him under subsection (1) above,
(b) in determining the period of the disqualification the court must take into account all the offences, and
(c) for the purposes of any appeal any disqualification imposed under subsection (1) above shall be treated as an order made on the conviction of each of the offences.
(4) No account is to be taken under subsection (1) above of any of the following circumstances—
(a) any circumstances that are alleged to make the offence or any of the offences not a serious one,
(b) hardship, other than exceptional hardship, or
(c) any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.
(5) References in this section to disqualification do not include a disqualification imposed under section 26 of this Act or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 164 of the Sentencing Code or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.
(5A) The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling, procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.
(6) In relation to Scotland, references in this section to the court include the justice of the peace court.
(7) This section is subject to section 48 of this Act.
35A Extension of disqualification where custodial sentence also imposed
(1) This section applies where a person is convicted in England and Wales of an offence for which the court—
(a) imposes a custodial sentence, and
(b) orders the person to be disqualified under section 34 or 35.
(2) The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.
(3) The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.
(4) The appropriate extension period is—
(a) where an order under section 321(2) of the Sentencing Code (life sentence: minimum term order) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;
(b) in the case of a detention and training order within the meaning given by section 233 of that Code (offenders under 18: detention and training orders), a period equal to half the term of that order;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) where section 266 or 279 of that Code (extended sentence for certain violent , sexual or terrorism offences: persons 18 or over) applies in relation to the custodial sentence, but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003 (sentences for terrorist offenders in respect of which no early release possible), a period equal to two-thirds of the term imposed pursuant to section 266(a) or 279(a) of that Code ...;
(f) where section 254 of that Code (extended sentence for certain violent , sexual or terrorism offences: persons under 18) applies in relation to the custodial sentence, but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003, a period equal to two-thirds of the term imposed pursuant to section 254(a) of that Code ...;
(fza) in a case that would fall within paragraph (e) or (f) but for the fact that the custodial sentence falls within section 247A(2A) of the Criminal Justice Act 2003, a period equal to the term imposed under section 266(a) or 279(a) or (as the case may be) section 254(a) of the Sentencing Code;
(fa) in the case of a sentence under section 252A, 265 or 278 of that Code (special custodial sentence for certain offenders of particular concern), a period equal to two-thirds of the term imposed pursuant to section 252A(4)(a), 265(2)(a) or 278(2)(a) of that Code;
(fb) in the case of a sentence under section 268A or 282A of that Code (serious terrorism sentences), a period equal to the term imposed by the court pursuant to section 268C(2) or 282C(2) of that Code;
(fc) in the case of a sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender , a period equal to two-thirds of the sentence; —
(i) where the sentence falls within subsection (4) or (5) of that section, a period equal to one-half of the sentence;
(ii) where the sentence falls within subsection (6) of that section, a period equal to two-thirds of the sentence;
(fd) in any other case where section 247A of the Criminal Justice Act 2003 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;
(fe) in the case of any other sentence under section 250 of the Sentencing Code, a period equal to one-half of the sentence;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) in any other case, a period equal to half one-third of the custodial sentence imposed ....
(5) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) This section does not apply where—
(a) the custodial sentence was a suspended sentence, or
(b) the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.
(8) Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section 243A(3)(a), 244(3)(a) or (aa) or section 244ZA(8)(a) or (aa) ... of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).
(9) The Secretary of State may by order—
(za) if the amending order makes provision in respect of section 244ZA(8)(a) or (aa) of that Act, provide that the proportion specified in subsection (4)(fc)(i) or (ii) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;
(zb) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(fe) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;
(a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) 244(3)(aa) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.
(11) In this section—
“amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);
“custodial sentence” has the meaning given by section 222 of the Sentencing Code;
“suspended sentence” has the meaning given by section 286 of the Sentencing Code.
(1) This section applies where a person is convicted in England and Wales 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 custodial sentence (other than a suspended sentence) for another offence, or
(b) at the time of sentencing for the offence, a custodial sentence 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 custodial sentence.
(4) If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).
(5) In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.
35C Extension of disqualification where sentence of imprisonment also imposed: Scotland
(1) This section applies where a person is convicted in Scotland of an offence for which the court—
(a) imposes a sentence of imprisonment, and
(b) orders the person to be disqualified under section 34 or 35.
(2) The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.
(3) The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.
(4) The appropriate extension period is—
(a) in the case of a life prisoner, a period equal to the punishment part of the life sentence;
(aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term;
(ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term;
(ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in the case of a person serving any other extended sentence, a period equal to half the custodial term;
(ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term;
(cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;
(d) in any other case, a period equal to half the sentence of imprisonment imposed.
(5) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.
(6) For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.
(7) Subsection (8) applies where an amending order provides for a reference in section 1(1) or (3) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order.
(8) The Secretary of State may by order provide that the proportion specified in subsection (4)(ac), (c), (ca), (cb) or (d) of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.
(9) An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.
(10) In this section—
“amending order” means an order made by the Scottish Ministers under section 27(2)(b) of the 1993 Act;
“appropriate custodial term”—
in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;
in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;
“ custodial term” has the meaning given by section 210A(2)(a) of the 1995 Act;
...
...
“extended sentence” has the meaning given by section 210A of the 1995 Act;
“life prisoner” has the meaning given by section 2(1) of the 1993 Act;
“punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;
“sentence of imprisonment” includes—
an order for detention in residential accommodation under section 44 of the 1995 Act, and
a sentence of detention under section 205, 205ZA(7), 205ZC(4), 207 or 208 of the 1995 Act;
“serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act.
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.
(1) Where this subsection applies to a person the court must order him to be disqualified until he passes the appropriate driving test.
(2) Subsection (1) above applies to a person who is disqualified under section 34 of this Act on conviction of—
(a) manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle, ...
(b) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),
(c) an offence under section 1A of that Act (causing serious injury by dangerous driving),
(d) an offence under section 2 of that Act (dangerous driving),
(e) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or
(f) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers).
(3) Subsection (1) above also applies—
(a) to a person who is disqualified under section 34 or 35 of this Act in such circumstances or for such period as the Secretary of State may by order prescribe, or
(b) to such other persons convicted of such offences involving obligatory endorsement as may be so prescribed.
(4) Where a person to whom subsection (1) above does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).
(5) In this section—
“ appropriate driving test ” means—
(a) an extended driving test, where a person is convicted of an offence involving obligatory disqualification or is disqualified under section 35 of this Act,
(b) a test of competence to drive, other than an extended driving test, in any other case,
“ extended driving test ” means a test of competence to drive prescribed for the purposes of this section, and
“ test of competence to drive ” means a test prescribed by virtue of section 89(3) of the Road Traffic Act 1988.
(6) In determining whether to make an order under subsection (4) above, the court shall have regard to the safety of road users.
(7) Where a person is disqualified until he passes the extended driving test—
(a) any earlier order under this section shall cease to have effect, and
(b) a court shall not make a further order under this section while he is so disqualified.
(8) Subject to subsection (9) below, a disqualification by virtue of an order under this section shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, that the person disqualified has passed the test in question since the order was made.
(9) A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that section.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10A) Where a person's driving record is endorsed with particulars of a disqualification under this section, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made.
(11) For the purposes of an order under this section, a person shall be treated as having passed a test of competence to drive other than an extended driving test if he passes a corresponding test conducted—
(a) under the law of Northern Ireland, the Isle of Man, any of the Channel Islands, an EEA State, Gibraltar or a designated country or territory . . ., or
(b) for the purposes of obtaining a British Forces licence (as defined by section 88(8) of the Road Traffic Act 1988);
and accordingly subsections (8) to (10) above shall apply in relation to such a test as they apply in relation to a test prescribed by virtue of section 89(3) of that Act.
(11A) For the purposes of subsection (11) above, “designated country or territory” means a country or territory designated by order under section 108(2) of the Road Traffic Act 1988 but a test conducted under the law of such a country or territory shall not be regarded as a corresponding test unless a person passing such a test would be entitled to an exchangeable licence as defined in section 108(1) of that Act.
(12) This section is subject to section 48 of this Act.
(13) The power to make an order under subsection (3) above shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(14) The Secretary of State shall not make an order under subsection (3) above after the end of 2001 if he has not previously made such an order.
(1) Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.
(1A) Where—
(a) the disqualification is for a fixed period shorter than 56 days (disregarding any extension period) in respect of an offence involving obligatory endorsement, ...
(aa) the disqualification is for a period shorter than 56 days under paragraph 2 of Schedule 3ZB to the Social Security Administration Act 1992, or
(b) the order is made under section 26 of this Act,
subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification (including any extension period).
(1B) In subsection (1A) “extension period” means an extension period added pursuant to—
(a) section 35A or 35C,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.
(2) Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.
(3) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section 36 of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.
(4) Notwithstanding anything in Part III of the Road Traffic Act 1988, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under section 36 of this Act, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.
37A Surrender of licence to Secretary of State where disqualified
(1) This section applies where—
(a) a person who is the holder of a licence is disqualified by an order of a court, and
(b) the Secretary of State is not already in receipt of the licence.
(2) The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.
(3) A notice under subsection (2) may be served on a person—
(a) by delivering it to the person,
(b) by leaving it at the person’s proper address, or
(c) by sending it to the person by post.
(4) A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.
(5) For the purposes of—
(a) subsection (3), and
(b) section 7 of the Interpretation Act 1978 in its application to subsection (3),
a person’s “proper address” is the person’s latest address as known to the Secretary of State.
(1) A person disqualified by an order of a magistrates’ court under section 34 or 35 of this Act may appeal against the order in the same manner as against a conviction.
(2) A person disqualified by an order of a court in Scotland may appeal against the order in the same manner as against a sentence.
(1) Any court in England and Wales (whether a magistrates’ court or another) which makes an order disqualifying a person may, if it thinks fit, suspend the disqualification pending an appeal against the order.
(2) The court by or before which a person disqualified by an order of a court in Scotland was convicted may, if it thinks fit, suspend the disqualification pending an appeal against the order.
(3) Where a court exercises its power under subsection (1) or (2) above, it must send notice of the suspension to the Secretary of State.
(4) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.
40 Power of appellate courts in England and Wales to suspend disqualification.
(1) This section applies where a person has been convicted by or before a court in England and Wales of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—
(a) any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and
(b) any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.
(2) Where a person ordered to be disqualified—
(a) appeals to the Crown Court, or
(b) appeals or applies for leave to appeal to the Court of Appeal,
against his conviction or his sentence, the Crown Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.
(3) Where a person ordered to be disqualified has appealed or applied for leave to appeal to the Senior Courts —
(a) under section 1 of the Administration of Justice Act 1960 from any decision of a Divisional Court of the Queen’s Bench Division which is material to his conviction or sentence, or
(b) under section 33 of the Criminal Appeal Act 1968 from any decision of the Court of Appeal which is material to his conviction or sentence,
the Divisional Court or, as the case may require, the Court of Appeal may, if it thinks fit, suspend the disqualification.
(4) Where a person ordered to be disqualified makes an application in respect of the decision of the court in question under section 111 of the Magistrates’ Courts Act 1980 (statement of case by magistrates’ court) or section 28 of the Senior Courts Act 1981 (statement of case by Crown Court) the High Court may, if it thinks fit, suspend the disqualification.
(5) Where a person ordered to be disqualified—
(a) applies to the High Court for an order of certiorari to remove into the High Court any proceedings of a magistrates’ court or of the Crown Court, being proceedings in or in consequence of which he was convicted or his sentence was passed, or
(b) applies to the High Court for leave to make such an application,
the High Court may, if it thinks fit, suspend the disqualification.
(6) Any power of a court under the preceding provisions of this section to suspend the disqualification of any person is a power to do so on such terms as the court thinks fit.
(7) Where, by virtue of this section, a court suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.
(8) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.
41 Power of appellate courts in Scotland to suspend disqualification.
(1) This section applies where a person has been convicted by or before a court in Scotland of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—
(a) any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and
(b) any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.
(2) Where a person ordered to be disqualified appeals ..., whether on appeal against a summary conviction or a conviction on indictment or his sentence, the court hearing the appeal may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.
The powers conferred by this subsection on the court may be exercised by any single judge of the court.
(2A) Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.
(3) Where, by virtue of this section, the court hearing the appeal suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.
(4) The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.
41A Suspension of disqualification pending determination of applications under section 34B.
(1) Where a person makes an application to a court under section 34B of this Act, the court may suspend the disqualification to which the application relates pending the determination of the application.
(2) Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.
(3) The notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.
(1) Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.
(2) On any such application the court may, as it thinks proper having regard to—
(a) the character of the person disqualified and his conduct subsequent to the order,
(b) the nature of the offence, and
(c) any other circumstances of the case,
either by order remove the disqualification as from such date as may be specified in the order or refuse the application.
(3) No application shall be made under subsection (1) above for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the relevant date, that is—
(a) two years, if the disqualification is for less than four years (disregarding any extension period),
(b) one half of the period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) for less than ten years but not less than four years,
(c) five years in any other case;
and in determining the expiration of the period after which under this subsection a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.
(3A) In subsection (3) “the relevant date” means—
(a) the date of the order imposing the disqualification in question, or
(b) if the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period.
(3B) Extension period” means an extension period added pursuant to—
(a) section 35A or 35C,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.
(4) Where an application under subsection (1) above is refused, a further application under that subsection shall not be entertained if made within three months after the date of the refusal.
(5) If under this section a court orders a disqualification to be removed, the court—
(a) must send notice of the order to the Secretary of State,
(b) may in any case order the applicant to pay the whole or any part of the costs of the application.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5AA) If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Secretary of State must, on receiving notice of an order under subsection (5)(a) above, make any necessary adjustments to the endorsements on the person's driving record to reflect the order.
(5B) A notice under subsection (5)(a) above must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.
(6) The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act or under paragraph 2 of Schedule 3ZB to the Social Security Administration Act 1992.
43 Rule for determining end of period of disqualification.
In determining the expiration of the period for which a person is disqualified by an order of a court made in consequence of a conviction, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.
(1) Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on his driving record particulars of the conviction and also—
(a) if the court orders him to be disqualified, particulars of the disqualification, or
(b) if the court does not order him to be disqualified—
(i) particulars of the offence, including the date when it was committed, and
(ii) the penalty points to be attributed to the offence.
(2) Where the court does not order the person convicted to be disqualified, it need not make an order under subsection (1) above if for special reasons it thinks fit not to do so.
(3) In relation to Scotland, references in this section to the court include the justice of the peace court.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) This section is subject to section 48 of this Act.
44A Endorsement of driving record in accordance with order
(1) Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State.
(2) On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record.
(3) A notice sent by the court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may require.
(1) An order that any particulars or penalty points are to be endorsed on a person's driving record shall operate as an order that his driving record is to be so endorsed until the end of the period for which the endorsement remains effective.
(2) At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.
(3) An endorsement ordered on a person's conviction of an offence remains effective (subject to subsections (4) and (5) below)—
(a) if an order is made for the disqualification of the offender, until four years have elapsed since the conviction, and
(b) if no such order is made, until either—
(i) four years have elapsed since the commission of the offence, or
(ii) an order is made for the disqualification of the offender under section 35 of this Act.
(4) Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction—
(a) section 1 (causing death by dangerous driving),
(b) section 1A (causing serious injury by dangerous driving),
(c) section 2 (dangerous driving),
(d) section 3ZC (causing death by driving: disqualified drivers), or
(e) section 3ZD (causing serious injury by driving: disqualified drivers).
(5) Where the offence was one—
(a) under section 3A, 4(1) , 5(1)(a) or 5A(1)(a) and (2) of that Act (driving offences connected with drink or drugs),
(b) under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, or
(c) under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),
the endorsement remains effective until eleven years have elapsed since the conviction.
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.
47 Supplementary provisions as to disqualifications and endorsements.
(1) In any case where a court exercises its power under section 34, 35 or 44 of this Act not to order any disqualification or endorsement or to order disqualification for a shorter period than would otherwise be required, it must state the grounds for doing so in open court and, if it is a magistrates’ court or, in Scotland, a court of summary jurisdiction, must cause them to be entered in the register (in Scotland, record) of its proceedings.
(2) Where ... a court orders a person to be disqualified for a period of 56 days or more (disregarding any extension period) it must, send any licence of the person that is produced to the court, to the Secretary of State.
(2ZA) In subsection (2) “extension period” means an extension period added pursuant to—
(a) section 35A or 35C,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 166 of the Sentencing Code.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where on an appeal against an order for the endorsement of ... a driving record or the disqualification of a person the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the Secretary of State.
(3A) On receiving such a notice ... the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.
(4) A notice sent by a court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine, and a licence ... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.
48 Exemption from disqualification and endorsement for certain construction and use offences.
(1) Where a person is convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) the court must not—
(a) order him to be disqualified, or
(b) order any particulars or penalty points to be endorsed on ... his driving record,
if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.
(2) Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—
(a) order him to be disqualified, or
(b) order any particulars or penalty points to be endorsed on ... his driving record,
if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Offender escaping consequences of endorseable offence by deception.
(1) This section applies where in dealing with a person convicted of an offence involving obligatory endorsement a court was deceived regarding any circumstances that were or might have been taken into account in deciding whether or for how long to disqualify him.
(2) If—
(a) the deception constituted or was due to an offence committed by that person, and
(b) he is convicted of that offence,
the court by or before which he is convicted shall have the same powers and duties regarding an order for disqualification as had the court which dealt with him for the offence involving obligatory endorsement but must, in dealing with him, take into account any order made on his conviction of the offence involving obligatory endorsement.
Nothing in section 10 of this Act empowers a district court in Scotland in respect of any offence—
(a) to impose—
(i) a penalty of imprisonment which exceeds sixty days, or
(ii) a fine which exceeds level 4 on the standard scale, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Any offence in respect of a vehicle under an enactment specified in column 1 of Schedule 3 to this Act is a fixed penalty offence for the purposes of this Part of this Act, but subject to subsection (2) below and to any limitation or exception shown against the enactment in column 2 (where the general nature of the offence is also indicated).
(2) An offence under an enactment so specified is not a fixed penalty offence for those purposes if it is committed by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any enactment.
(3) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be fixed penalty offences for the purposes of this Part of this Act, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary forthe purpose.
(1) In this Part of this Act “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Part of this Act.
(2) A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.
(2A) A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.
(3) A fixed penalty notice must state—
(a) the period during which, by virtue of section 78(1) of this Act, proceedings cannot be brought against any person for the offence to which the notice relates, being the period of twenty-one days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part of this Act as the “suspended enforcement period”),
(b) the amount of the fixed penalty, and
(c) the person to whom and the address at which the fixed penalty may be paid.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The fixed penalty for an offence is—
(a) such amount as the Secretary of State may by order prescribe, or
(b) one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction or, where there is no such maximum amount, the amount corresponding to level 4 on the standard scale for summary offences,
whichever is the less.
(2) Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)—
(a) the nature of the contravention or failure constituting the offence,
(b) how serious it is,
(c) the area, or sort of place, where it takes place, and
(d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.
(1) This section applies where ... on any occasion a constable in uniform , or a vehicle examiner who produces his authority, has reason to believe that a person he finds
(a) is committing or has on that occasion committed a fixed penalty offence; or
(b) has, within the period of 28 days before the day of that occasion, committed a Community drivers’ hours offence.
(2) Subject to the following provisions of this section, the constable or vehicle examiner may give him a fixed penalty notice in respect of the offence.
(3) Where the offence appears to the constable or vehicle examiner to involve obligatory endorsement, the constable or vehicle examiner may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—
(a) the constable or vehicle examiner is satisfied, on accessing information held on his driving record, that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8A) In a case where this section applies by virtue of subsection (1)(b), a constable or vehicle examiner may not give a person a fixed penalty notice for the Community drivers’ hours offence if the constable or vehicle examiner has reason to believe that—
(a) a fixed penalty notice has already been given under this section to the person in relation to the offence;
(b) a conditional offer has already been issued to the person under section 75 of this Act in relation to the offence;
(c) proceedings have already been initiated against the person for the offence; or
(d) any other penalty has already been imposed on, or other proceedings have already been initiated against, the person in respect of the relevant breach in Northern Ireland , an EU member State, or in another contracting country.
(8B) In subsection (8A)(d) “relevant breach” means the breach of the applicable Community rules which constitutes the Community drivers’ hours offence concerned.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In determining for the purposes of this section whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
55 Effect of fixed penalty notice given under section 54.
(1) This section applies where a fixed penalty notice relating to an offence has been given to any person under section 54 of this Act, and references in this section to the recipient are to the person to whom the notice was given.
(2) No proceedings shall be brought against the recipient for the offence to which the fixed penalty notice relates unless before the end of the suspended enforcement period he has given notice requesting a hearing in respect of that offence in the manner specified in the fixed penalty notice.
(3) Where—
(a) the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner so specified, and
(b) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the suspended enforcement period,
a sum equal to the fixed penalty plus one–half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the recipient as a fine.
57A Endorsement of driving records without hearings
(1) Subject to subsection (2) below, where a person ... has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement, his driving record may be endorsed in accordance with this section without any order of a court.
(2) A person's driving record may not be endorsed under this section if at the end of the suspended enforcement period—
(a) he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and
(b) the fixed penalty has not been paid in accordance with this Part of this Act.
(3) If payment of the fixed penalty is made in accordance with this Part before the end of the suspended enforcement period and the person to whom the payment is made is the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record ....
(4) Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine in a case where the fixed penalty is required to be paid to the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record ...—
(a) if he is himself the person who registers the sum, on the registration of that sum, and
(b) in any other case, on being notified of the registration by the person who registers that sum.
(5) The Secretary of State must endorse the relevant particulars on the person's driving record if—
(a) he receives notice of them under subsection (3) or (4) above,
(b) the fixed penalty is paid to him in accordance with this Part before the end of the suspended enforcement period, or
(c) in a case where the fixed penalty is required to be paid to the Secretary of State, any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine.
(6) References in this section to the relevant particulars are to—
(a) particulars of the offence, including the date when it was committed, and
(b) the number of penalty points to be attributed to the offence.
58A Effect of endorsement of driving record without hearing
(1) Where a person's driving record is endorsed under section 57A of this Act he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—
(a) he had been convicted of the offence,
(b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and
(c) the particulars of the offence endorsed by virtue of section 57A(6)(a) of this Act were particulars of his conviction of that offence.
(2) In relation to any endorsement of a person's driving record under section 57A of this Act, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.
61A Fixed penalty notice mistakenly given ...: exclusion of fixed penalty procedures
(1) This section applies where, on accessing information held on the driving record of a person to whom a fixed penalty notice was given under section 54 of this Act, ... it appears to the fixed penalty clerk or the Secretary of State that the person would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given.
(2) The person's driving record must not be endorsed under section 57A of this Act.
(3) In a case where the fixed penalty is required to be paid to the fixed penalty clerk he must not send notice to the Secretary of State under section 57A of this Act but instead must notify the chief officer of police that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given ....
(4) Nothing in this Part of this Act prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.
(5) Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.
(6) Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision—
(a) the registration under section 71 of this Act of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person to whom the fixed penalty notice was given, and
(b) any proceedings for enforcing payment of any such sum within the meaning of sections 73 and 74 of this Act (defined in section 74(5))).
(7) In determining for the purposes of subsection (1) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part 1 of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
(1) Where on any occasion a constable or a vehicle examiner has reason to believe in the case of any stationary vehicle that a fixed penalty offence is being or has on that occasion been committed in respect of it, he may fix a fixed penalty notice in respect of the offence to the vehicle unless the offence appears to him to involve obligatory endorsement.
(2) A person is guilty of an offence if he removes or interferes with any notice fixed to a vehicle under this section, unless he does so by or under the authority of the driver or person in charge of the vehicle or the person liable for the fixed penalty offence in question.
63 Service of notice to owner if penalty not paid.
(1) This section applies where a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act.
(2) Subject to subsection (3) below, if at the end of the suspended enforcement period the fixed penalty has not been paid in accordance with this Part of this Act, a notice under this section may be served by or on behalf of the relevant person on any person who appears to him (or to any person authorised to act on his behalf for the purposes of this section) to be the owner of the vehicle.
Such a notice is referred to in this Part of this Act as a “notice to owner”.
(2A) In this section “the relevant person” means—
(a) if the fixed penalty notice was fixed by a constable, the chief officer of police, and
(b) if it was fixed by a vehicle examiner, the Secretary of State.
(3) Subsection (2) above does not apply where before the end of the suspended enforcement period—
(a) any person has given notice requesting a hearing in respect of the offence in the manner specified in the fixed penalty notice, and
(b) the notice so given contains a statement by that person to the effect that he was the driver of the vehicle at the time when the offence is alleged to have been committed.
That time is referred to in this Part of this Act as the “time of the alleged offence”.
(4) A notice to owner—
(a) must give particulars of the alleged offence and of the fixed penalty concerned,
(b) must state the period allowed for response to the notice, and
(c) must indicate that, if the fixed penalty is not paid before the end of that period, the person on whom the notice is served is asked to provide before the end of that period to the relevant person a statutory statement of ownership (as defined in Part I of Schedule 4 to this Act).
(5) For the purposes of this Part of this Act, the period allowed for response to a notice to owner is the period of twenty-one days from the date on which the notice is served, or such longer period (if any) as may be specified in the notice.
(6) A notice to owner relating to any offence must indicate that the person on whom it is served may, before the end of the period allowed for response to the notice, either—
(a) give notice requesting a hearing in respect of the offence in the manner indicated by the notice, or
(b) if—
(i) he was not the driver of the vehicle at the time of the alleged offence, and
(ii) a person purporting to be the driver wishes to give notice requesting a hearing in respect of the offence,
provide, together with a statutory statement of ownership provided as requested in that notice, a statutory statement of facts (as defined by Part II of Schedule 4 to this Act) having the effect referred to in paragraph 3(2) of that Schedule (that is, as a notice requesting a hearing in respect of the offence given by the driver).
(7) In any case where a person on whom a notice to owner relating to any offence has been served provides a statutory statement of facts in pursuance of subsection (6)(b) above—
(a) any notice requesting a hearing in respect of the offence that he purports to give on his own account shall be of no effect, and
(b) no sum may be registered for enforcement against him as a fine in respect of the offence unless, within the period of two months immediately following the period allowed for response to the notice to owner, no summons or, in Scotland, complaint in respect of the offence in question is served on the person identified in the statement as the driver.
(1) This section applies where—
(a) a fixed penalty notice relating to an offence has been fixed to a vehicle under section 62 of this Act,
(b) a notice to owner relating to the offence has been served on any person under section 63(2) of this Act before the end of the period of six months beginning with the day on which the fixed penalty notice was fixed to the vehicle, and
(c) the fixed penalty has not been paid in accordance with this Part of this Act before the end of the period allowed for response to the notice to owner.
(2) Subject to subsection (4) below and to section 63(7)(b) of this Act, a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under section 71 of this Act for enforcement against the person on whom the notice to owner was served as a fine.
(3) Subject to subsection (4) below and to section 65 of this Act, proceedings may be brought in respect of the offence against the person on whom the notice to owner was served.
(4) If the person on whom the notice to owner was served—
(a) was not the owner of the vehicle at the time of the alleged offence, and
(b) provides a statutory statement of ownership to that effect in response to the notice before the end of the period allowed for response to the notice,
he shall not be liable in respect of the offence by virtue of this section nor shall any sum determined by reference to the fixed penalty for the offence be so registered by virtue of this section for enforcement against him as a fine.
(5) Subject to subsection (6) below—
(a) for the purposes of the institution of proceedings by virtue of subsection (3) above against any person on whom a notice to owner has been served, and
(b) in any proceedings brought by virtue of that subsection against any such person,
it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.
(6) That presumption does not apply in any proceedings brought against any person by virtue of subsection (3) above if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused.
(7) Where—
(a) by virtue of subsection (3) above proceedings may be brought in respect of an offence against a person on whom a notice to owner was served, and
(b) section 74(1) of this Act does not apply,
section 127(1) of the Magistrates’ Courts Act 1980 (information must be laid within six months of time offence committed) and section 136(1) of the Criminal Procedure (Scotland) Act 1995 (proceedings must be commenced within six months of that time) shall have effect as if for the reference to six months there were substituted a reference to twelve months.