Part 12

Sentencing
Chapter 8

Other provisions about sentencing

Fine defaulters

Fine defaulters: driving disqualification
301
1
Subsection (2) applies in any case where a magistrates' court—
a
has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
b
would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
2
The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.
3
Where an order has been made under subsection (2) for default in paying any sum—
a
on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and
b
on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
4
In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.
5
The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.
6
A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—
a
any such licence held by him ...; or
b
in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence ....
7
In this section—
- “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;
...
S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2
Words in s. 301(6)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 80(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Words in s. 301(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 242 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 301(7) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 80(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Words in s. 301(6)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 80(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4