166Extension of disqualification where custodial sentence also imposedE+W
(1)This section applies where a court—
(a)imposes a custodial sentence on an offender for an offence, and
(b)makes a driving disqualification order in respect of the offender for the same offence.
(2)But this section does not apply where the custodial sentence is—
(a)a suspended sentence, or
(b)a life sentence in relation to which the court makes a whole life order under section 321(3).
(3)The disqualification period must be—
(a)the discretionary disqualification period, and
(b)the appropriate extension period.
(4)The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.
(5)The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—
| Sentence | Length of appropriate extension period | |
|---|---|---|
| 1 | a detention and training order under section 233 (offenders under 18: detention and training orders) | half the term of the detention and training order |
| 2 | an extended sentence of detention under section 254 (persons under 18) | two-thirds of the term imposed pursuant to section 254(a) (the appropriate custodial term) |
| 3 | a sentence under section 265 (special custodial sentence for certain offenders of particular concern: adults aged 18 to 20) | half the term imposed pursuant to section 265(2)(a) (the appropriate custodial term) |
| 4 | an extended sentence of detention in a young offender institution | two-thirds of the term imposed pursuant to section 266(a) (the appropriate custodial term) |
| 5 | a sentence under section 278 (special custodial sentence for certain offenders of particular concern: adults aged 21 and over) | half the term imposed pursuant to section 278(2)(a) (the appropriate custodial term) |
| 6 | an extended sentence of imprisonment | two-thirds of the term imposed pursuant to section 279(a) (the appropriate custodial term) |
| 7 | a life sentence in relation to which a minimum term order is made under section 321(2) | the term specified in the minimum term order |
| 8 | any other case | half the custodial sentence imposed. |
(6)Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.
(7)Where—
(a)an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
(b)the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),
the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, paragraph 8 specified the new proportion.
(8)Regulations under subsection (7) are subject to the affirmative resolution procedure.
(9)Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by subsection (7).
Commencement Information
I1S. 166 in force at 1.12.2020 by S.I. 2020/1236, reg. 2