Powers of Criminal Courts (Sentencing) Act 2000

147 Driving disqualification where vehicle used for purposes of crime. E+W

(1) This section applies where a person—

(a) is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more; or

(b) having been convicted by a magistrates’ court of such an offence, is committed under section 3 above to the Crown Court for sentence.

(2) This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).

(3) If, in a case to which this section applies by virtue of subsection (1) above, the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence.

(4) If, in a case to which this section applies by virtue of subsection (2) above, the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence.

(5) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—

(a) any such licence held by him together with its counterpart; F1 ...

[F2 (aa) in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or]

(b) in the case where he holds a Community licence (within the meaning of Part III of the M1 Road Traffic Act 1988), his Community licence and its counterpart (if any).

(6) Facilitating the commission of an offence shall be taken for the purposes of this section to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.

(7) In this section “driving licence” and “counterpart” have the meanings given by section 146(5) above.

Textual Amendments

F1 Word in s. 147(5)(a) repealed (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 74, Sch. 6; S.I. 2004/2624, art. 2(1)(2)(b)

F2 S. 147(5)(aa) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 74; S.I. 2004/2624, art. 2(1)(2)(b)

Marginal Citations

M1 1988 c. 52.