Powers of Criminal Courts Act 1973 (repealed)

44 Driving disqualification where vehicle used for purposes of crime. E+W

(1) This section applies where a person is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more or, having been convicted by a magistrates’ court of such an offence, is committed under [F1 section 38 of the Magistrates’ Courts Act 1980] to the Crown Court for sentence.

(2) If in a case to which this section applies the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question (within the meaning of section 43 of this Act), the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under [F2 Part III of the Road Traffic Act 1988].

(3) A court which makes an order under this section disqualifying a person for holding or obtaining any such licence as is mentioned in subsection (2) above shall require him to produce any such licence held by him [F3 together with its counterpart]; and—

(a) if he does not produce the licence [F4 and its counterpart] as required he shall be guilty of an offence under [F5 section 27(3) of the Road Traffic Offenders Act 1988] (failure to produce licence for endorsement); and

(b) if he applies under [F6 section 42] of that Act for the disqualification to be removed and the court so orders, [F6 subsection (5)] of that section shall not have effect so as to require particulars of the order to be endorsed on [F7 the counterpart of] the licence, but the court shall send notice of the order to the Secretary of State and [F6 section 47(4) of that Act] (procedure for sending notice to Secretary of State) shall apply to the notice.

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 122

F2 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(a)

F3 Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which came into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F4 Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F5 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(b)

F6 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(c)

F7 Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))