Part II Sentence

General

E1C146 Combination of disqualification and endorsement with probation orders and orders for discharge.

1

Notwithstanding anything in F14section 82(4) of the Sentencing Code (conviction of offender F1. . . 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—

F7a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F8, 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 F12... F9 his driving record,

is to be taken into account, notwithstanding anything in F15section 82(2) of the Sentencing Code (conviction of offender F2. . . 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 F3section 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 F13F10... and 45A of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and F4section 247 of that Act shall not apply.

E2C246 Combination of disqualification and endorsement with probation orders and orders for discharge.

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—

F7a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F8, 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 F12... F9 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 F11F5... 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995

then, for the purposes of sections 34, 35, 36, 44 F13F10... 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 F6section 247 of that Act shall not apply.