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Part IIE+W+S Sentence

GeneralE+W+S

46 Combination of disqualification and endorsement with probation orders and orders for discharge.E+W

(1)Notwithstanding anything in [F1section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000] (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—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F4, 44 or 44A] 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 F5... [F6 his driving record],

is to be taken into account, notwithstanding anything in [F7section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000] (conviction of offender F8. . . 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 F10[F11... and 45A] of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and [F12section 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 (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 123(2)

F3S. 46(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 54, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(22), 44(4)(h) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F7Words in s. 46(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 123(3)

F9Words in s. 46(3)(b) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(a)

F12Words 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.).

46 Combination of disqualification and endorsement with probation orders and orders for discharge.S

(1)Notwithstanding anything in section 13(3) of the M1Powers 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—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F4, 44 or 44A] 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 F5... [F6 his driving record]

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 F29[F30... 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995]

then, for the purposes of sections 34, 35, 36, 44 F10[F11... and 45A] and 45 of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and [F31section 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

F3S. 46(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 54, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(22), 44(4)(h) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F30Words in s. 46(3)(b) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(a)

F31Words in s. 46(7) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)

Modifications etc. (not altering text)

C8S. 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

47 Supplementary provisions as to disqualifications and endorsements.E+W+S

(1)In any case where a court exercises its power under section 34, 35 or 44 of this Act not to order any disqualification or endorsement or to order disqualification for a shorter period than would otherwise be required, it must state the grounds for doing so in open court and, if it is a magistrates’ court or, in Scotland, a court of summary jurisdiction, must cause them to be entered in the register (in Scotland, record) of its proceedings.

[F13(2)Where a court orders the endorsement of a person's driving record it may, and where a court orders a person to be disqualified for a period of 56 days or more [F14 (disregarding any extension period)] it must, send any licence of the person that is produced to the court, to the Secretary of State.]

[F15(2ZA)In subsection (2) “extension period” means an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.]

[F16(2A)Subsection (2) above is subject to section 2(2) of and paragraph 7(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (obligation of court to send licence F17... to the Secretary of State).]

(3)Where on an appeal against [F18an order for the endorsement of F19...[F20 a driving record] or the disqualification of a person] the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the Secretary of State.

[F21(3A)On receiving such a notice F22... the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.]

(4)A notice sent by a court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine, and a licence F23... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.

Textual Amendments

F16S. 47(2A) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 4 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Modifications etc. (not altering text)

C2S. 47: 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.).

S. 47 applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(d)

C3S. 47(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

F24 [ 48 Exemption from disqualification and endorsement for certain construction and use offences.E+W+S

(1) Where a person is convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc) the court must not—

(a)order him to be disqualified, or

(b)order any particulars or penalty points to be endorsed on F25...[F26 his driving record],

if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.

(2)Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—

(a)order him to be disqualified, or

(b)order any particulars or penalty points to be endorsed on F25...[F26 his driving record],

if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.

F27(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F26Words in s. 48(1)(b)(2)(b) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 13; S.I. 2008/3164, art. 4(b)

Modifications etc. (not altering text)

C7S. 48: 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.).

49 Offender escaping consequences of endorseable offence by deception.E+W+S

(1)This section applies where in dealing with a person convicted of an offence involving obligatory endorsement a court was deceived regarding any circumstances that were or might have been taken into account in deciding whether or for how long to disqualify him.

(2)If—

(a)the deception constituted or was due to an offence committed by that person, and

(b)he is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties regarding an order for disqualification as had the court which dealt with him for the offence involving obligatory endorsement but must, in dealing with him, take into account any order made on his conviction of the offence involving obligatory endorsement.

50 Powers of district court in Scotland.E+W+S

Nothing in section 10 of this Act empowers a district court in Scotland in respect of any offence—

(a)to impose—

(i)a penalty of imprisonment which exceeds sixty days, or

(ii)a fine which exceeds level 4 on the standard scale, F28...

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments