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Section 177K Effect of custodial sentence or service detention in other cases

United Kingdom

(1)

F1This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—

(a)

it imposes a custodial sentence or a sentence of service detention (other than a suspended sentence) on the offender for another offence, or

(b)

a custodial sentence or a sentence of service detention previously imposed on the offender has not expired.

(2)

In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence or a sentence of service detention.

(3)

But the court may not take into account for this purpose any custodial sentence or sentence of service detention that it imposes on the offender for the offence.

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

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)