THIRD GROUP OF PARTSDisposals

PART 8Disqualification

CHAPTER 1Driving disqualification

167Effect of custodial sentence in other cases

(1)

This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—

(a)

it imposes a custodial sentence (other than a suspended sentence) on the offender for another offence, or

(b)

a custodial sentence previously imposed on the offender has not expired.

(2)

In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

But the court may not take into account for this purpose any custodial sentence that it imposes on the offender for the offence.

(3)

In this section, “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).