PART XI Sentencing

Disqualification

248DC1F1Extension of disqualification where sentence of imprisonment also imposed

1

This section applies where a person is convicted of an offence for which the court—

a

imposes a sentence of imprisonment, and

b

orders the person to be disqualified under section 248 or 248A of this Act from holding or obtaining a driving licence.

2

The order under section 248 or 248A of this Act must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

3

The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 248 or 248A of this Act.

4

The appropriate extension period is—

a

in the case of a life prisoner, a period equal to the punishment part of the life sentence;

b

in the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment;

c

in the case of a person serving an extended sentence, a period equal to half the confinement term;

d

in any other case, a period equal to half the sentence of imprisonment imposed.

5

If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

6

For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

7

Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).

8

The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order relates, as a reference to the new proportion.

9

An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

10

In this section—

  • “amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act;

  • “confinement term” has the meaning given by section 210A(2)(a) of this Act;

  • “custody and community prisoner” has the meaning given by section 4 of the 2007 Act;

  • “custody part” has the meaning given by section 6(3) of the 2007 Act;

  • “extended sentence” has the meaning given by section 210A of this Act;

  • “life prisoner” has the meaning given by section 4 of the 2007 Act;

  • “punishment part” has the meaning given by section 4 of the 2007 Act;

  • “sentence of imprisonment” includes—

    1. a

      an order for detention in residential accommodation under section 44 of this Act, and

    2. b

      a sentence of detention under section 205, 207 or 208 of this Act.