Part II Sentence
General
E1C146 Combination of disqualification and endorsement with probation orders and orders for discharge.
1
Notwithstanding anything in F1section 1C(3) of the M1Powers of Criminal Courts Act 1973 (conviction of offender F2. . . 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 F3the counterpart of any licence held by him,
is to be taken into account, notwithstanding anything in F4section 1C(1)of the Powers of Criminal Courts Act 1973 (conviction of offender F5. . . 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 F6section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995
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 F7section 247 of that Act shall not apply.
E2C246 Combination of disqualification and endorsement with probation orders and orders for discharge.
1
Notwithstanding anything in section 13(3) of the M2Powers 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 F8the 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 F9section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995
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 F10section 247 of that Act shall not apply.