Section 177J Extension of disqualification where custodial sentence or service detention also imposedF1
United Kingdom
This section applies where a court—
imposes a custodial sentence or a sentence of service detention on an offender for an offence, and
makes a driving disqualification order in respect of the offender for the same offence.
But this section does not apply where the custodial sentence or sentence of service detention (as the case may be) is—
a suspended sentence of imprisonment,
a suspended sentence of service detention, or
a life sentence in relation to which the court makes a whole life order under section 321(3) of the Sentencing Code (life sentence: minimum term order or whole life order) by virtue of section 261A of this Act (life sentences: further provision).
The disqualification period must be—
the discretionary disqualification period, and
the appropriate extension period.
The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.
The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—
| Row | Sentence | Length of appropriate extension period |
|---|---|---|
| F2A1 | a sentence of detention under section 209 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender | half the term of the sentence of detention |
| 1 | a detention and training order under section 211 (offenders under 18: detention and training orders) | half the term of the detention and training order |
| 2 | a sentence of detention under section 224B (special sentence of detention for terrorist offenders of particular concern) | two-thirds of the term imposed pursuant to section 252A(5) of the Sentencing Code by virtue of section 224B(4) of this Act (the appropriate custodial term) |
| 3 | an extended sentence of detention under section 254 of the Sentencing Code by virtue of section 221A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged under 18) | two-thirds of the term imposed pursuant to section 254(a) of the Sentencing Code (the appropriate custodial term) |
| 4 | a sentence of detention in a young offender institution to which subsections (2) and (3) of section 265 of the Sentencing Code apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern) | two-thirds of the term imposed pursuant to section 265(2)(a) of the Sentencing Code (the appropriate custodial term) |
| 5 | an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) | two-thirds of the term imposed pursuant to section 266(a) of the Sentencing Code (the appropriate custodial term) |
| 6 | a serious terrorism sentence of detention in a young offender institution under section 268A of the Sentencing Code by virtue of section 219ZA of this Act (serious terrorism sentences) | the term imposed pursuant to section 268C(2) of the Sentencing Code (the appropriate custodial term) |
| 7 | a sentence of imprisonment to which subsections (2) and (3) of section 278 of the Sentencing Code apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern) | two-thirds of the term imposed pursuant to section 278(2)(a) of the Sentencing Code (the appropriate custodial term) |
| 8 | an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) | two-thirds of the term imposed pursuant to section 279(a) of the Sentencing Code (the appropriate custodial term) |
| 9 | a serious terrorism sentence of imprisonment under section 282A of the Sentencing Code by virtue of section 219ZA of this Act (serious terrorism sentences) | the term imposed pursuant to section 282C(2) of the Sentencing Code (the appropriate custodial term) |
| 10 | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender F3by virtue of subsection (4) or (5) of that section | |
| F510A | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section | two-thirds of the sentence |
| 11 | a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender | two-thirds of the sentence |
| 12 | a life sentence in relation to which a minimum term order is made under section 321 of the Sentencing Code by virtue of section 261A of this Act (life sentences: further provision) | the term specified in the minimum term order |
| 13 | service detention | half the term of detention imposed |
| 14 | any other case |
In the case of a sentence specified in entry 3, 5 or 8 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.
Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.
Where—
an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),
the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, entry 14 specified the new proportion.
Subsection (8A) applies where—
an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).
The Secretary of State may by regulations—
if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry A1 specified the new proportion;
if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10 specified the new proportion;
if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10A specified the new proportion;
if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 14 specified the new proportion.
Annotations
Textual amendments
- F1
Ss. 177G-177M and cross-heading inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(3), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3
- F2
Words in s. 177J(5) table inserted (22.1.2026 for enabling the exercise of power to make regulations, 1.10.2026 except in relation to sentences for excluded offences listed in Sch.) by Sentencing Act 2026 (c. 2), ss. 24(3)(a)(i), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F3
Words in s. 177J(5) table inserted (22.1.2026 for enabling the exercise of power to make regulations, 1.10.2026 except in relation to sentences for excluded offences listed in Sch.) by Sentencing Act 2026 (c. 2), ss. 24(3)(a)(ii), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F4
Word in s. 177J(5) table substituted (22.1.2026 for enabling the exercise of power to make regulations, 1.10.2026 except in relation to sentences for excluded offences listed in Sch.) by Sentencing Act 2026 (c. 2), ss. 24(3)(a)(iii), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F5
Words in s. 177J(5) table inserted (22.1.2026 for enabling the exercise of power to make regulations, 1.10.2026 except in relation to sentences for excluded offences listed in Sch.) by Sentencing Act 2026 (c. 2), ss. 24(3)(a)(iv), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F6
Words in s. 177J(5) table substituted (22.1.2026 for enabling the exercise of power to make regulations, 1.10.2026 except in relation to sentences for excluded offences listed in Sch.) by Sentencing Act 2026 (c. 2), ss. 24(3)(a)(v), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F7
S. 177J(8)(8A) substituted for s. 177J(8) (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 24(3)(b), 49(3)(c) (with s. 24(7))
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)
Notes on Part 8
Modifications
- C1
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)