Road Traffic Offenders Act 1988 (c. 53)

Part II E+W+S Sentence

Disqualification E+W+S

[F1 35C Extension of disqualification where sentence of imprisonment also imposed: Scotland E+W+S

(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;

(b) in the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment;

(c) in the case of a person serving an extended sentence, a period equal to half the confinement term;

(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 different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).

(8) The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) 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 7 of the 2007 Act;

• “confinement term” has the meaning given by section 210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);

• “custody and community prisoner” has the meaning given by section 4 of the 2007 Act;

• “custody part” has the meaning given by section 6(3) of the 2007 Act;

• “extended sentence” has the meaning given by section 210A of the 1995 Act;

• “life prisoner” has the meaning given by section 4 of the 2007 Act;

• “punishment part” has the meaning given by section 4 of the 2007 Act;

• “sentence of imprisonment” includes—

  (a)

  an order for detention in residential accommodation under section 44 of the 1995 Act, and

  (b)

  a sentence of detention under section 205, 207 or 208 of the 1995 Act.]

Textual Amendments

F1 Ss. 35C, 35D inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 16 para. 2(3) (with s. 180, Sch. 22 paras. 29, 36); S.I. 2018/733, art. 2(b)

Modifications etc. (not altering text)

C1 S. 35C excluded by 2003 c. 32, s. 54(3A)(a) (as inserted (1.8.2017 as notified in the London Gazette dated 1.8.2017 (Issue 62012, p. 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3)