Draft guideline for consultation only. Draft guidelines should not be taken into account when sentencing.
Disqualifications from driving |
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| Circumstance | Approach |
| Offender convicted of two or more obligatory disqualification offences (s34(1) Road Traffic Offender Act 1988) | The court must impose an order of disqualification for each offence unless for special reasons it does not disqualify the offender. All orders of disqualification imposed by the court on the same date take effect immediately and cannot be ordered to run consecutively to one another. The court should take into account all offences when determining the disqualification periods and should generally impose like periods for each offence. |
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Offender convicted of two or more offences involving either:
and the penalty points to be taken into account number 12 or more (ss28 and 35 Road Traffic Offenders Act 1988) |
Where an offender is convicted on same occasion of more than one offence to which section 35(1) of the Road Traffic Offenders Act 1988 applies, only one disqualification shall be imposed on him. However the court must take into account all offences when determining the disqualification period. For the purposes of appeal, any disqualification imposed shall be treated as an order made on conviction of each of the offences. (Section 35(3) of the Road Traffic Offenders Act 1988) |
| Other combinations involving more two or offences involving discretionary disqualification | As orders of disqualification take effect immediately, it is generally desirable for the court to impose a single disqualification order that reflects the overall criminality of the offending behaviour. |