Police, Crime, Sentencing and Courts Act 2022

68 Termination of disqualification order

(1) A person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.

(2) No application under subsection (1) may be made—

(a) before the end of the period of one year beginning with the date on which the disqualification order was made,

(b) where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or

(c) before the end of any period specified under section 66(3), or subsection (5), in relation to the order.

(3) On an application under subsection (1), the court may—

(a) terminate the disqualification order,

(b) vary the order so as to make it less onerous, or

(c) refuse the application.

(4) When determining an application under subsection (1), the court is to have regard to—

(a) the character of the applicant,

(b) the applicant’s conduct since the disqualification order was made, and

(c) any other relevant circumstances.

(5) Where the court refuses an application under subsection (1) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.

(6) The court may order an applicant to pay all or part of the costs of an application.

(7) In this section—

• “appropriate court” means—

  (a)

  the magistrates’ court which made the disqualification order, or

  (b)

  another magistrates’ court acting for the same local justice area as that court;

• “disqualification order” has the same meaning as in section 66.