The following Corporate Crime guidance note Produced in partnership with Daniel Taylor of Red Lion Chambers provides comprehensive and up to date legal information covering:
The principal statutes that govern discretionary disqualification are the Road Traffic Offenders Act 1988 (RTOA 1988) and the Powers of Criminal Courts (Sentencing Act) 2000 (PCC(S)A 2000).
Where a defendant is convicted of an offence involving discretionary disqualification and either the penalty points to be taken into account number fewer than 12 or the offence is not one involving obligatory endorsement the court may impose a period of disqualification.
For the purposes of the RTOA 1988, an offence involves discretionary disqualification if:
it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Sch 2 of the RTOA 1988
an offence specified in column 1 of Part II of that Schedule and either the word ‘discretionary’ (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or
the word ‘discretionary’ appears, where qualified by conditions or circumstances relating to the offence
Common offences which carry discretionary disqualification include:
drunk in charge of a motor vehicle
failing to co-operate with a preliminary test, and
It will not normally be appropriate to order disqualification, except in the more serious
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