PART 28SENTENCING PROCEDURES IN SPECIAL CASES

Application to remove, revoke or suspend a disqualification or restriction28.6

1

This rule applies where, on application by the defendant, the court can remove, revoke or suspend a disqualification or restriction included in a sentence (except a disqualification from driving).

2

A defendant who wants the court to exercise such a power must—

a

apply in writing, no earlier than the date on which the court can exercise the power;

b

serve the application on the court officer; and

c

in the application—

i

specify the disqualification or restriction, and

ii

explain why the defendant wants the court to remove, revoke or suspend it.

3

The court officer must serve a copy of the application on the chief officer of police for the local justice area.

[Note. Part 29 contains rules about disqualification from driving. See in particular rule 29.2.

Part 34 (Appeal to the Crown Court) and Part 35 (Appeal to the High Court by case stated) contain rules about applications to suspend disqualifications pending appeal.

For the circumstances in which the court may—

a

remove a disqualification from keeping a dog, see section 4(6) of the Dangerous Dogs Act 1991559. The court may not consider an application made within 1 year of the disqualification; or, after that, within 1 year of any previous application that was refused.

b

revoke or suspend a travel restriction order against a defendant convicted of drug trafficking, see section 35 of the Criminal Justice and Police Act 2001560. The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]