(1)Where a person who is the holder of a licence is convicted of an offence involving obligatory endorsement, the court must, before making any order under section 44 of this Act, require the licence [F1and its counterpart] to be produced to it.
(2)Where a magistrates’ court—
(a)commits a person who is the holder of a licence to the Crown Court, under section 56 of the Criminal Justice Act 1967 or any enactment to which that section applies, to be dealt with in respect of an offence involving obligatory endorsement, and
(b)does not make an order in his case under section 26(1) of this Act,
the Crown Court must require the licence [F1and its counterpart] to be produced to it.
(3)If the holder of the licence has not caused it [F2and its counterpart] to be delivered, or posted it [F2and its counterpart], in accordance with section 7 of this Act and does not produce it [F2and its counterpart] as required 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 [F3it and its counterpart are] produced to the court and shall, while suspended, be of no effect.
(4)Subsection (3) above does not apply where the holder of the licence—
(a)has caused a current receipt for the licence [F4and its counterpart] issued under section 56 of this Act to be delivered to the clerk 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 clerk 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 [F5and its counterpart] to the court immediately on [F6their] return.
Textual Amendments
F1Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(a)
F2Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(b)
F3Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(b)
F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(c)(i)
F5Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(c)(ii)(iii)
F6Word substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(c)(ii)(iii)
Modifications etc. (not altering text)
C1S. 27(1)(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)
C2S. 27(3) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)
C3S. 27(3) extended by Criminal Justice Act 1972 (c. 71, SIF 39:1), s. 24(3)(a) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 10(a) )
C4S. 27(3) extended by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(a) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(b) )