Disqualification for repeated offences
40.—(1) Where—
(a)a person is convicted of an offence to which this paragraph applies, and
(b)the penalty points to be taken into account on that occasion number 12 or more,
the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
(2) Paragraph (1) applies to—
(a)an offence involving discretionary disqualification and obligatory endorsement, and
(b)an offence involving obligatory disqualification in respect of which no order is made under Article 35.
(3) The minimum period referred to in paragraph (1) is—
(a)6 months if no previous disqualification imposed on the offender is to be taken into account, and
(b)one year if one, and 2 years if more than one, such disqualification is to be taken into account,
and a previous disqualification imposed on an offender is to be taken into account if it was for a fixed period of 56 days or more and was imposed within the 3 years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under Article 31.
(4) Where an offender is convicted on the same occasion of more than one offence to which paragraph (1) applies—
(a)not more than one disqualification shall be imposed on him under paragraph (1),
(b)in determining the period of the disqualification the court must take into account all the offences, and
(c)for the purposes of any appeal any disqualification imposed under paragraph (1) shall be treated as an order made on the conviction of each of the offences.
(5) No account is to be taken under paragraph (1) of any of the following circumstances—
(a)any circumstances that are alleged to make the offence or any of the offences not a serious one,
(b)hardship, other than exceptional hardship, or
(c)any circumstances which, within the 3 years immediately preceding the conviction, have been taken into account under that paragraph in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.
(6) References in this Article to a disqualification do not include a disqualification imposed under Article 28 of this Order or Article 8 of the [1980 NI 6.] Criminal Justice (Northern Ireland) Order 1980 (disqualification where vehicle used for commission of offence) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 24 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969, an offence under Article 172 of the Order of 1981, or an attempt to commit such an offence.
(7) The preceding provisions of this Article shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling, procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.
(8) This Article is subject to Article 53.