Prison sentence/driving ban concurrent?

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Cyril Haearn
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Prison sentence/driving ban concurrent?

Post by Cyril Haearn »

One often reads that drivers get xx months in prison and yy months driving ban
Of course when they are inside they cannae drive, but does the ban start when they are released?
I have read conflicting reports, has this been changed?
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thirdcrank
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Re: Prison sentence/driving ban concurrent?

Post by thirdcrank »

Sentencing guidelines:

9. Extension period of disqualification from driving where a custodial sentence is also imposed

For offences committed on or after 13 April 2015, where a court imposes a disqualification in addition to a custodial sentence or a detention and training order, the court must extend the disqualification period by one half of the custodial term imposed. This is to take into account the period the offender will spend in custody. This will avoid a driving ban expiring, or being significantly diminished, during the period the offender is in custody (s 30 Criminal Justice and Courts Act, 2015). Periods of time spent on remand or subject to an electronically monitored curfew are ignored.
Where a rehabilitation course is completed, any extension period is disregarded when reducing the ban.
For example where a court imposes a 6 month custodial sentence and a disqualification period of 12 months, the ban will be extended to 15 months. Where a rehabilitation course is completed, the reduction will remain at a maximum of 3 months.

https://www.sentencingcouncil.org.uk/ex ... o-imposed/

I think the provisions for requiring a driving test to be passed before a driving licence can be obtained are probably relevant here as anybody sentenced to custody as well as a driving ban is almost certain to be subject to this.
5. Disqualification until a test is passed
Where an offender is convicted of dangerous driving, the court must order disqualification until an extended driving test is passed.
The court has discretion to disqualify until a test is passed where an offender is convicted of any endorsable offence. Where disqualification is obligatory, the extended test applies. In other cases, it will be the ordinary test (Road Traffic Offenders Act 1988, s.36).
An offender disqualified as a ‘totter’ under the penalty points provisions may also be ordered to re­take a driving test; in this case, the extended test applies.
The discretion to order a re-test is likely to be exercised where there is evidence of inexperience, incompetence or infirmity, or the disqualification period is lengthy (that is, the offender is going to be ‘off the road’ for a considerable time).

https://www.sentencingcouncil.org.uk/ex ... is-passed/

For anybody interest in learning more about the powers of courts to disqualify, those links are only two sections from a dozen on the subject at:-

https://www.sentencingcouncil.org.uk/ex ... lification
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661-Pete
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Re: Prison sentence/driving ban concurrent?

Post by 661-Pete »

So, if I understand this right:

In the recent horrific case of a death-crash driver using a phone, where he was sentenced to 5 years imprisonment and 7½ years ban, he will in effect be banned for ten years starting from the date he was sentenced? I.e. if he is released from custody in 2½ years, he will still not be able to drive for another 7½ years?

And then will have to take the extended test?

Seems fair.
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thirdcrank
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Re: Prison sentence/driving ban concurrent?

Post by thirdcrank »

My understanding of the arithmetic is this:

In most cases, somebody sentenced to a specific term (rather than any form of indeterminate sentence) will serve half. A ten year sentence means five years inside. Whatever term of disqualification is imposed (and that will be in accordance with sentencing guidelines) it must be extended by half the custodial sentence ie what they will actually serve after 50% remission. It's a legal way of saying that the period of disqualification runs from the date of release ie after half the custodial sentence. If somebody got 5 years imprisonment and a 7½ years ban, that would imply to me that the guideline calculation for the ban was 5 years, extended by the time they would actually serve ie 2½ years. The second link I posted suggests to me that it's almost inevitable that at that point they would also have to take an extended driving test to get a licence. That's because it's either mandatory, because the charge was dangerous driving or discretionary but required by the guidelines, because the disqualification was lengthy and "the offender is going to be ‘off the road’ for a considerable time."
Cyril Haearn
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Joined: 30 Nov 2013, 11:26am

Re: Prison sentence/driving ban concurrent?

Post by Cyril Haearn »

Oh dear, it is complicated as I feared
One could see it differently, in prison they can not possibly drive, +1?

Older criminals might not be able to pass the extended test, younger ones too (one hopes)

One understands plenty of banned drivers carry on, they are rarely caught
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