Road Traffic Offenders Act 1988

46 Combination of disqualification and endorsement with probation orders and orders for discharge. E+W+S

(1) Notwithstanding anything in section 13(3) of the M1 Powers of Criminal Courts Act 1973 (conviction of offender placed on probation or discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—

(a) a probation order, or

(b) an order discharging him absolutely or conditionally,

may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 or 44 of this Act.

(2) A conviction—

(a) in respect of which a court in England and Wales has ordered a person to be disqualified, or

(b) of which particulars have been endorsed on [F1 the counterpart of] any licence held by him,

is to be taken into account, notwithstanding anything in section 13(1) of the Powers of Criminal Courts Act 1973 (conviction of offender placed on probation or discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.

(3) Where—

(a) a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and

(b) the court makes an order in respect of the offence under section 182 or 383 (absolute discharge) or 183 or 384 (probation) of the M2 Criminal Procedure (Scotland) Act 1975,

then, for the purposes of sections 34, 35, 36, 44 and 45 of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and section 191 or, as the case may be, section 392 of that Act shall not apply.

Textual Amendments

F1 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 12

Marginal Citations

M1 1973 c. 62.

M2 1975 c. 21.