The Criminal Procedure Rules 2020

Representations about obligatory disqualification or endorsement

29.1.—(1) This rule applies—

(a) where the court—

(i) convicts the defendant of an offence involving obligatory disqualification from driving and section 34(1) of the Road Traffic Offenders Act 1988(1) (Disqualification for certain offences) applies,

(ii) convicts the defendant of an offence where section 35 of the 1988 Act(2) (Disqualification for repeated offences) applies, or

(iii) convicts the defendant of an offence involving obligatory endorsement of the defendant’s driving record and section 44 of the 1988 Act(3) (Orders for endorsement) applies;

(b) unless the defendant is absent.

(2) The court must explain, in terms the defendant can understand (with help, if necessary)—

(a) where paragraph (1)(a)(i) applies (obligatory disqualification under section 34)—

(i) that the court must order the defendant to be disqualified from driving for a minimum of 12 months (or 2 or 3 years, as the case may be, according to the offence and the defendant’s driving record), unless the court decides that there are special reasons to order disqualification for a shorter period, or not to order disqualification at all, and

(ii) if applicable, that the period of disqualification will be reduced by at least 3 months if, by no later than 2 months before the end of the reduced period, the defendant completes an approved driving course;

(b) where paragraph (1)(a)(ii) applies (disqualification under section 35)—

(i) that the court must order the defendant to be disqualified from driving for a minimum of 6 months (or 1 or 2 years, as the case may be, according to the defendant’s driving record), unless, having regard to all the circumstances, the court decides to order disqualification for a shorter period, or not to order disqualification at all, and

(ii) that circumstances of which the court cannot take account in making its decision are any that make the offence not a serious one; hardship (other than exceptional hardship); and any that during the last 3 years already have been taken into account by a court when ordering disqualification for less than the usual minimum period, or not at all, for repeated driving offences;

(c) where paragraph (1)(a)(iii) applies (obligatory endorsement), that the court must order the endorsement of the defendant’s driving record unless the court decides that there are special reasons not to do so; and

(d) in every case, as applicable—

(i) that the court already has received representations from the defendant about whether any such special reasons or mitigating circumstances apply and will take account of them, or

(ii) that the defendant may make such representations now, on oath or affirmation.

(3) Unless the court already has received such representations from the defendant, before it applies rule 24.11 (magistrates’ court procedure if the court convicts) or rule 25.16 (Crown Court procedure if the court convicts), as the case may be, the court must—

(a) ask whether the defendant wants to make any such representations; and

(b) if the answer to that question is ‘yes’, require the defendant to take an oath or affirm and make them.

[Note. For the circumstances in which the court—

(a) may, and in some cases must, order disqualification from driving under the Road Traffic Offenders Act 1988, see sections 26, 34, 35 and 36 of that Act(4);

(b) may, for some reasons or in some circumstances, abbreviate or dispense with a period of disqualification otherwise required by the 1988 Act, see sections 34(1) and 35(1), (4) of that Act;

(c) must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act.

For the circumstances in which the period of a disqualification from driving must or may be extended where the court also imposes a custodial sentence, see sections 35A and 35B of the 1988 Act(5).

For the circumstances in which the period of a disqualification from driving will be reduced if the defendant completes an approved driving course, see section 34A of the 1988 Act(6).]

(1)

1988 c. 53; section 34 was amended by section 29 of the Road Traffic Act 1991 (c. 40), section 3 of the Aggravated Vehicle-Taking Act 1992 (c. 11), section 165 of, and paragraph 121 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), sections 56 and 107 of, and Schedule 8 to, the Police Reform Act 2002 (c. 30), section 25 of the Road Safety Act 2006 (c. 49), article 2 of S.I. 2007/3480, paragraphs 2 and 5 of Schedule 27 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 56 of, and paragraphs 9 and 12 of Schedule 22 to, the Crime and Courts Act 2013 (c. 22) and section 177 of, and paragraph 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25).

(2)

1988 c. 53; section 35 was amended by section 48 of, and paragraph 95 of Schedule 4 to, the Road Traffic Act 1991 (c. 40), section 165 of, and paragraph 122 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 177 of, and 90 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25).

(3)

1988 c. 53; section 44 was amended by regulations 2 and 3 of, and paragraph 10 of Schedule 2 to, S.I. 1990/144 and sections 9, 10 and 59 of, and Schedule 7 to, the Road Safety Act 2006 (c. 49).

(4)

1988 c. 53; section 26 was substituted by section 25 of the Road Traffic Act 1991 (c. 40) and amended by paragraph 119 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), paragraphs 140 and 143 of Schedule 13 to the Access to Justice Act 1999 (c. 22), paragraph 2 of Schedule 2 to S.I. 1996/1974, paragraph 312 of Schedule 8 to the Courts Act 2003 (c. 39), paragraphs 32 and 34 of Schedule 5 to the Crime (International Co-operation) Act 2003 (c. 32) and sections 10 and 59 of, and paragraphs 30 and 32 of Schedule 3 and Schedule 7 to, the Road Safety Act 2006 (c. 49). Section 36 was substituted by section 32 of the Road Traffic Act 1991 (c. 40) and amended by paragraph 3 of Schedule 2 to S.I. 1996/1974, article 3 of S. I. 1998/1917, section 9(6) of, and paragraphs 2 and 7 of Schedule 7 to, the Road Safety Act 2006 (c. 49) and paragraphs 2 and 6 of Schedule 27 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). It is further amended by sections 10, 37 and 59 of, and paragraphs 30 and 39 of Schedule 3, and Schedule 7 to, the Road Safety Act 2006 (c. 49), with effect from a date to be appointed.

(5)

1988 c. 53; sections 35A and 35B were inserted by section 137 of, and paragraph 2 of Schedule 16 to, the Coroners and Justice Act 2009 (c. 25). Section 35A was amended by sections 89, 111 and 126 of, and paragraph 5 of Schedule 10, paragraph 1 of Schedule 14 and paragraph 4 of Schedule 21 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and sections 6 and 30 of, and paragraph 11 of Schedule 1 to, the Criminal Justice and Courts Act 2015 (c. 2).

(6)

1988 c. 53; section 34A was inserted by section 30 of the Road Traffic Act 1991 (c. 40). It was substituted by section 35 of the Road Safety Act 2006 (c. 49) for certain purposes, and for remaining purposes with effect from a date to be appointed. It is amended by section 177 of, and paragraphs 30 and 90 of Schedule 21 and paragraphs 30 and 31 of Schedule 22 to, the Coroners and Justice Act 2009 (c. 25), with effect from a date to be appointed.