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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 248

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248 Disqualification where vehicle used to commit offence.S

(1)Where a person is convicted of an offence (other than one triable only summarily) and the court which passes sentence is satisfied that a motor vehicle was used for the purposes of committing or facilitating the commission of that offence, the court may order him to be disqualified for such a period as the court thinks fit from holding or obtaining a licence to drive a motor vehicle granted under Part III of the M1Road Traffic Act 1988.

[F1(2)A court which makes an order under subsection (1) above disqualifying a person from holding or obtaining a licence under Part III of the Road Traffic Act 1988 shall require him to produce—

(a)any such licence;

(b)any Community licence (within the meaning of that Part); and

(c)any counterpart of a licence mentioned in paragraph (a) or (b) above,

held by him.]

(3)Any reference in this section to facilitating the commission of an offence shall include a reference to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.

(4)In relation to licences [F2, other than Community licences] which came into force before 1st June 1990, the reference in subsection (2) above to the counterpart of a licence shall be disregarded.

Textual Amendments

F1S. 248(2) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 6(2)

F2Words in s. 248(4) inserted (1.1.1997) by 1996/1974, reg. 5, Sch. 4 para. 6(3)

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