# The Criminal Procedure Rules 2025, Rule 29.1: Representations about obligatory disqualification or endorsement

Extent: E+W

(1) This rule applies—
(a) where the court—
(i) convicts the defendant of an offence involving obligatory disqualification from driving and section 34(1) of the Road Traffic Offenders Act 1988 (Disqualification for certain offences) applies,
(ii) convicts the defendant of an offence where section 35 of the 1988 Act (Disqualification for repeated offences) applies, or
(iii) convicts the defendant of an offence involving obligatory endorsement of the defendant’s driving record and section 44 of the 1988 Act (Orders for endorsement) applies;
(b) unless the defendant is absent.
(2) The court must explain, in terms the defendant can understand (with help, if necessary)—
(a) where paragraph (1)(a)(i) applies (obligatory disqualification under section 34)—
(i) that the court must order the defendant to be disqualified from driving for a minimum of 12 months (or 2 or 3 years, as the case may be, according to the offence and the defendant’s driving record), unless the court decides that there are special reasons to order disqualification for a shorter period, or not to order disqualification at all, and
(ii) if applicable, that the period of disqualification will be reduced by at least 3 months if, by no later than 2 months before the end of the reduced period, the defendant completes an approved driving course;
(b) where paragraph (1)(a)(ii) applies (disqualification under section 35)—
(i) that the court must order the defendant to be disqualified from driving for a minimum of 6 months (or 1 or 2 years, as the case may be, according to the defendant’s driving record), unless, having regard to all the circumstances, the court decides to order disqualification for a shorter period, or not to order disqualification at all, and
(ii) that circumstances of which the court cannot take account in making its decision are any that make the offence not a serious one; hardship (other than exceptional hardship); and any that during the last 3 years already have been taken into account by a court when ordering disqualification for less than the usual minimum period, or not at all, for repeated driving offences;
(c) where paragraph (1)(a)(iii) applies (obligatory endorsement), that the court must order the endorsement of the defendant’s driving record unless the court decides that there are special reasons not to do so; and
(d) in every case, as applicable—
(i) that the court already has received representations from the defendant about whether any such special reasons or mitigating circumstances apply and will take account of them, or
(ii) that the defendant may make such representations now, on oath or affirmation.
(3) Unless the court already has received such representations from the defendant, before it applies rule 24.11 (magistrates’ court procedure if the court convicts) or rule 25.16 (Crown Court procedure if the court convicts), as the case may be, the court must—
(a) ask whether the defendant wants to make any such representations; and
(b) if the answer to that question is ‘yes’, require the defendant to take an oath or affirm and make them.
[Note. For the circumstances in which the court—
(a) may, and in some cases must, order disqualification from driving under the Road Traffic Offenders Act 1988, see sections 26, 34, 35 and 36 of that Act;
(b) may, for some reasons or in some circumstances, abbreviate or dispense with a period of disqualification otherwise required by the 1988 Act, see sections 34(1) and 35(1), (4) of that Act;
(c) must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act.
For the circumstances in whichthe period of a disqualification from driving must or may be extended where the court also imposes a custodial sentence, see sections 35A and 35B of the 1988 Act.
For the circumstances in whichthe period of a disqualification from driving will be reduced if the defendant completes an approved driving course, see section 34A of the 1988 Act.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/29.1 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-29.1/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.