Section 166: Extension of disqualification where custodial sentence also imposed, Sentencing Act 2020

This section applies where a court—

imposes a custodial sentence on an offender for an offence, and

makes a driving disqualification order in respect of the offender for the same offence.

But this section does not apply where the custodial sentence is—

a suspended sentence, or

a life sentence in relation to which the court makes a whole life order under section 321(3).

The disqualification period must be—

the discretionary disqualification period, and

the appropriate extension period.

The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.

The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—

In the case of a sentence specified in entry 2, 4 or 6 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.

Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.

Subsection (7A) applies where—

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

the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) 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—

if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry 1ZA specified the new proportion;

if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6B specified the new proportion;

if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6BA specified the new proportion;

if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 8 specified the new proportion.

Regulations under subsection (7A) are subject to the affirmative resolution procedure.

Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by subsection (7A).

Section 166: Extension of disqualification where custodial sentence also imposed

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