Q&As

Can an interim driving disqualification order be imposed during an adjournment to determine special reasons in driving offence proceedings?

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Produced in partnership with Philip Rule
Published on LexisPSL on 17/01/2019

The following Corporate Crime Q&A produced in partnership with Philip Rule provides comprehensive and up to date legal information covering:

  • Can an interim driving disqualification order be imposed during an adjournment to determine special reasons in driving offence proceedings?
  • Special reasons
  • Exercise of the discretion to impose an interim disqualification where special reasons will be raised
  • Further specific consideration when remanded in custody during the adjournment

Section 26 of the Road Traffic Offenders Act 1988 (RTOA 1988) provides the courts with the ability to order an interim disqualification order where, in respect of an offence involving obligatory or discretionary disqualification, a court defers passing sentence or adjourns after convicting but before dealing with the offence. The court ‘may’, when deferring sentence or adjourning, disqualify an offender from driving until he or she has been finally dealt with for sentence (RTOA 1988, s 26(2)).

Only one order can be made in respect of the same offence, and in England and Wales, an order will cease to have effect after a maximum of six months (RTOA 1988, s 26(4) and (6)).

So, the short answer is that the court may. A question remains whether it properly ought to or not.

Formal sentencing guidelines issued to magistrates for relevant driving offences simply suggest that the courts ‘consider’ an interim disqualification.

Special reasons

A finding of ‘special reasons’ allows the court a discretion as to whether or not it shall: (a) disqualify from driving or (b) endorse the driving licence with penalty points. The concept was defined in Whittall v Kirby at para

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