Part II Sentence

Disqualification

C2C335AF1Extension of disqualification where custodial sentence also imposed

1

This section applies where a person is convicted in England and Wales of an offence for which the court—

a

imposes a custodial sentence, and

b

orders the person to be disqualified under section 34 or 35.

2

The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

3

The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

4

The appropriate extension period is—

a

where an order under F21section 321(2) of the Sentencing Code (life sentence: minimum term order) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

b

in the case of a detention and training order F22within the meaning given by section 233 of that Code (offenders under 18: detention and training orders), a period equal to half the term of that order;

F4c

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

F4d

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

e

where F15section 266 or 279 of that Code (extended sentence for certain violent F13, sexual or terrorism offences: persons 18 or over) applies in relation to the custodial sentence, F30but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003 (sentences for terrorist offenders in respect of which no early release possible), a period equal to F5two-thirds of the term imposed pursuant to F16section 266(a) or 279(a) of that CodeF6...;

f

where F17section 254 of that Code (extended sentence for certain violent F14, sexual or terrorism offences: persons under 18) applies in relation to the custodial sentence, F31but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003, a period equal to F7two-thirds of the term imposed pursuant to F18section 254(a) of that CodeF6...;

F28fza

in a case that would fall within paragraph (e) or (f) but for the fact that the custodial sentence falls within section 247A(2A) of the Criminal Justice Act 2003, a period equal to the term imposed under section 266(a) or 279(a) or (as the case may be) section 254(a) of the Sentencing Code;

F3fa

in the case of a sentence under F19section F32252A, 265 or 278 of that Code (special custodial sentence for certain offenders of particular concern), a period equal to F33two-thirds of the term imposed pursuant to F20section F34252A(4)(a), 265(2)(a) or 278(2)(a) of that Code;

F29fb

in the case of a sentence under section 268A or 282A of that Code (serious terrorism sentences), a period equal to the term imposed by the court pursuant to section 268C(2) or 282C(2) of that Code;

fc

in the case of a sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender, a period equal to two-thirds of the sentence;

fd

in any other case where section 247A of the Criminal Justice Act 2003 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;

F23g

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

C1h

in any other case, a period equal to half the custodial sentence imposed F2....

5

If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

F86

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

7

This section does not apply where—

a

the custodial sentence was a suspended sentence, F24or

F25b

the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.

8

Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section F9243A(3)(a), 244(3)(a) F10... of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).

9

The Secretary of State may by order—

a

if the amending order makes provision in respect of section F11 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

F12b

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

10

An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

11

In this section—

  • amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);

  • custodial sentence” has the meaning given by F26section 222 of the Sentencing Code;

  • suspended sentence” has the meaning given by F27section 286 of the Sentencing Code.