Part II Sentence

Introductory

C127 Production of licence.

C21

Where a person who is the holder of a licence is convicted of an offence involving obligatory F1or discretionary disqualification, and a court proposes to make an order disqualifying him or an order under section 44 of this Act, the court must, unless it has already received F35 it,, require the licence F33... to be produced to it.

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3C43

If the holder of the licence has not caused it F33... to be delivered, or posted it F33..., in accordance with section 7 of this Act and does not produce it F33... as required F3under this section or F4section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975F5, or if the holder of the license does not produce it F33...as required by section 40B of the M1Child Support Act 1991, then, unless he satisfies the court that he has applied for a new licence and has not received it—

a

he is guilty of an offence, and

b

the licence shall be suspended from the time when its production was required until F6it F33... F36is produced to the court and shall, while suspended, be of no effect.

4

F17Subsection (3) above does not apply where the holder of the licence—

a

has caused a current receipt for the licence F33... issued under section 56 of this Act to be delivered to the F7proper officer of the court not later than the day before the date appointed for the hearing, or

b

has posted such a receipt, at such time that in the ordinary course of post it would be delivered not later than that day, in a letter duly addressed to the F7proper officer and either registered or sent by the recorded delivery service, or

c

surrenders such a receipt to the court at the hearing,

and produces the licence F33... to the court immediately on F34its return.

F304A

Subsection (3) does not apply where section 7(1B) applies in relation to the proceedings and the holder of the licence—

a

has caused a current receipt for the licence issued under section 56 to be delivered to the designated officer specified in the single justice procedure notice within the period described in section 7(1B)(a),

b

has posted it to that officer within that period in such manner as is described in section 7(1B)(b), or

c

surrenders such a receipt to the court at the hearing described in section 7(1B)(c),

and produces the licence to the court immediately on its return.

F85

F31In this section—

  • “proper officer” means—

a

in relation to a magistrates’ court in England and Wales, the F19designated officer for the court, and

b

in relation to any other court, the clerk of the court.

  • F32“single justice procedure notice” has the same meaning as in section 29 of the Criminal Justice Act 2003.

F9C528Penalty points to be attributed to an offence.

1

Where a person is convicted of an offence involving obligatory endorsement, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is—

a

the number shown in relation to the offence in the last column of Part I or Part II of Schedule 2 to this Act, or

b

where a range of numbers is shown, a number within that range.

C82

Where a person is convicted of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is ten.

F203

For the purposes of sections F3757A(6)F48and 77A(8) of this Act, the number of penalty points to be attributed to an offence is—

a

where both a range of numbers and a number followed by the words “(fixed penalty)” is shown in the last column of Part 1 of Schedule 2 to this Act in relation to the offence, that number,

b

where a range of numbers followed by the words “or appropriate penalty points (fixed penalty)” is shown there in relation to the offence, the appropriate number of penalty points for the offence, and

c

where only a range of numbers is shown there in relation to the offence, the lowest number in the range.

3A

For the purposes of subsection (3)(b) above the appropriate number of penalty points for an offence is such number of penalty points as the Secretary of State may by order made by statutory instrument prescribe.

3B

An order made under subsection (3A) above in relation to an offence may make provision for the appropriate number of penalty points for the offence to be different depending on the circumstances, including (in particular)—

a

the nature of the contravention or failure constituting the offence,

b

how serious it is,

c

the area, or sort of place, where it takes place, and

d

whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

4

Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

5

In a case where (apart from this subsection) subsection (4) above would apply to two or more offences, the court may if it thinks fit determine that that subsection shall not apply to the offences (or, where three or more offences are concerned, to any one or more of them).

6

Where a court makes such a determination it shall state its reasons in open court and, if it is a magistrates’ court, or in Scotland a court of summary jurisdiction, shall cause them to be entered in the register (in Scotland, record) of its proceedings.

7

The Secretary of State may by order made by statutory instrument—

a

alter a number or range of numbers shown in relation to an offence in the last column of Part I or Part II of Schedule 2 to this Act (by substituting one number or range for another, a number for a range, or a range for a number),

b

where a range of numbers is shown in relation to an offence in the last column of Part I, add or delete a number together with the words “(fixed penalty)” F22or the words “or appropriate penalty points (fixed penalty)”,

F23ba

substitute the words “or appropriate penalty points (fixed penalty)” for a number together with the words “(fixed penalty)”, or substitute a number together with the words “(fixed penalty)” for the words “or appropriate penalty points (fixed penalty)”, in relation to an offence in the last column of Part 1 or 2, and

c

alter the number of penalty points shown in subsection (2) above;

and an order under this subsection may provide for different numbers or ranges of numbers to be shown in relation to the same offence committed in different circumstances.

8

Where the Secretary of State exercises his power under subsection (7) above by substituting or adding a number which appears together with the words “(fixed penalty)”, that number shall not exceed the lowest number in the range shown in the same entry.

F218A

Before making any order under subsection (3A) above the Secretary of State must consult with such representative organisations as he thinks fit.

9

No order shall be made under F24this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.

C6F1029Penalty points to be taken into account on conviction.

1

Where a person is convicted of an offence involving obligatory endorsement, the penalty points to be taken into account on that occasion are (subject to subsection (2) below)—

a

any that are to be attributed to the offence or offences of which he is convicted disregarding any offence in respect of which an order under section 34 of this Act is made, and

b

any that were on a previous occasion ordered to be endorsed on F38...F26his driving record, unless the offender has since that occasion and before the conviction been disqualified under section 35 of this Act.

2

If any of the offences was committed more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.

F393

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Penalty points: modification where fixed penalty also in question.

F181

Sections 28 and 29 of this Act shall have effect subject to this section in any case where—

a

a person is convicted of an offence involving F11obligatory endorsement, and

b

the court is satisfied that F40... F27 his driving record has been or is liable to be endorsed under section F4157AF47or 77A of this Act in respect of an offence (referred to in this section as the “ connected offence ”) committed on the same occasion as the offence of which he is convicted.

2

F12 . . . the number of penalty points to be attributed to the offence of which he is convicted is—

a

the number of penalty points to be attributed to that offence under section F1328of this Act apart from this section, less

b

the number of penalty points required to be endorsed F42...F28on his driving record under section F4357AF46or 77A of this Act in respect of the connected offence F14(except so far as they have already been deducted by virtue of this paragraph).

F153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C731 Court may take particulars endorsed F25... into consideration.

F291

Where a person is convicted of an offence involving obligatory or discretionary disqualification—

a

any existing endorsement on F44... his driving record is prima facie evidence of the matters endorsed, and

b

the court may, in determining what order to make in pursuance of the conviction, take those matters into consideration.

2

This section has effect notwithstanding anything in F16section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995 (requirements as to notices of penalties and previous convictions).

F4532 In Scotland, court may take extract from licensing records into account.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .