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Powers of Criminal Courts Act 1973 (repealed)

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Version Superseded: 25/08/2000

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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 [F1section 38 of the Magistrates’ Courts Act 1980] to the Crown Court for sentence.

[F2(1A)This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).]

(2)If in a case to which this section applies [F3by virtue of subsection (1) above]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 [F4Part III of the Road Traffic Act 1988].

[F5(2A)If in a case to which this section applies by virtue of subsection (1A) above the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such a licence.]

(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 [F6together with its counterpart][F7or, in the case where he holds a Community licence (within the meaning of Part III of the Road Traffic Act 1988), his Community licence and its counterpart (if any)]; F8. . .

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by reg. 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))

F7Words in s. 44(3) inserted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para.1.

F8S. 44(3): paras. (a)(b) and the word "and" immediately preceding them repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch. (with art. 6(5) (as amended by S.I. 1992/1410, art. 2))

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