46 Combination of disqualification and endorsement with probation orders and orders for discharge.E+W
(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].
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 46(1) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 38(1); S.I. 1992/333, art. 2(2), Sch. 2
F2Words in s. 46(1) repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, 39:1), ss. 100, 101(2), Sch. 11 para. 38(1), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F3Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 12
F4Words in s. 46(2) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 38(2); S.I. 1992/333, art. 2(2), Sch. 2
F5Words in s. 46(2) repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100, 101(2), Sch. 11 para. 38(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F6Words in s. 46(3)(b) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(a)
F7Words in s. 46 substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(b)
Modifications etc. (not altering text)
C1S. 46: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b)(inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).
Marginal Citations
46 Combination of disqualification and endorsement with probation orders and orders for discharge.S
(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].
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F8Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 12
F9Words in s. 46(3)(b) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(a)
F10Words in s. 46(7) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)
Modifications etc. (not altering text)
C2S. 46: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).
Marginal Citations