OpenLegislation

Section 26 Interim disqualification.F1C1

England, Wales and Scotland

(1)

Where a magistrates’ court—

(a)

commits an offender to the Crown Court under F2section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section, or

(b)

remits an offender to another magistrates’ court under F3section 28 of that Code,

to be dealt with for an offence involving obligatory or discretionary disqualification, it may order him to be disqualified until he has been dealt with in respect of the offence.

(2)

Where a court in England and Wales—

(a)

defers passing sentence on an offender under F4F5Chapter 1 of Part 2 of that Act in respect of an offence involving obligatory or discretionary disqualification, or

(b)

adjourns after convicting an offender of such an offence but before dealing with him for the offence,

it may order the offender to be disqualified until he has been dealt with in respect of the offence.

(3)

Where a court in Scotland—

(a)

adjourns a case under section 179 or section 380 of the Criminal Procedure (Scotland) Act 1975 (for inquiries to be made or to determine the most suitable method of dealing with the offender);

(b)

remands a person in custody or on bail under section 180 or section 381 of the Criminal Procedure (Scotland) Act 1975 (to enable a medical examination and report to be made);

(c)

defers sentence under section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975;

(d)

remits a convicted person to the High Court for sentence under section 104 of the Criminal Procedure (Scotland) Act 1975,

in respect of an offence involving obligatory or discretionary disqualification, it may order the accused to be disqualified until he has been dealt with in respect of the offence.

(4)

Subject to subsection (5) below, an order under this section shall cease to have effect at the end of the period of six months beginning with the day on which it is made, if it has not ceased to have effect before that time.

(5)

In Scotland, where a person is disqualified under this section where section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975 (deferred sentence) applies and the period of deferral exceeds 6 months, subsection (4) above shall not prevent the imposition under this section of any period of disqualification which does not exceed the period of deferral.

(6)

Where a court orders a person to be disqualified under this section (“the first order”), no court shall make a further order under this section in respect of the same offence or any offence in respect of which an order could have been made under this section at the time the first order was made.

(7)

Where a court makes an order under this section in respect of any person it must—

(a)

require him to produce to the court any licence held by him F6..., and

(b)

retain the licence F7... until it deals with him or (as the case may be) cause F8 it to be sent to the F9proper officer of the court which is to deal with him.

(F10F117A)

In subsection (7) above “ proper officer ” means—

(a)

in relation to a magistrates’ court in England and Wales, the F12designated officer for the court, and

(b)

in relation to any other court, the clerk of the court.

(8)

If the holder of the licence F13... does not produce the licence F14...as required under subsection (7) above, then he is guilty of an offence.

(9)

Subsection (8) above does not apply to a person who—

(a)

satisfies the court that he has applied for a new licence and has not received itF15...

F16(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

Where a court makes an order under this section in respect of any person, sections 44(1) and F17, 47(2) F18, 91ZA(7) and 91A(5) of this Act shall not apply in relation to the order, but—

(a)

the court must send notice of the order to the Secretary of State, and

(b)

if the court which deals with the offender determines not to order him to be disqualified under section 34 or 35 of this Act, it must send notice of the determination to the Secretary of State.

(11)

A notice sent by a court to the Secretary of State in pursuance of subsection (10) above must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

(12)

Where on any occasion a court deals with an offender—

(a)

for an offence in respect of which an order was made under this section, or

(b)

for two or more offences in respect of any of which such an order was made,

any period of disqualification which is on that occasion imposed under section 34 or 35 of this Act shall be treated as reduced by any period during which he was disqualified by reason only of an order made under this section in respect of any of those offences.

(13)

Any reference in this or any other Act (including any Act passed after this Act) to the length of a period of disqualification shall, unless the context otherwise requires, be construed as a reference to its length before any reduction under this section.

F19(14)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 26 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 25; S.I. 1992/1286, art. 2, Sch.

F2

Words in s. 26(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 99(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 26(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 99(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F4

Words in s. 26(2)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 119(3)

F5

Words in s. 26(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 99(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F6

Words in s. 26(7)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F7

Words in s. 26(7)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F8

Word in s. 26(7)(b) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(2)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F9

Words in s. 26(7)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 143 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F10

S. 26(7)(2) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 143 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2) it is provided (1.4.2001) that after subsection (7) there shall be inserted subsection (2)

F11

S. 26(7)(2) renumbered as s. 26(7A) (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 312(a); S.I. 2005/910, art. 3(y)

F12

Words in s. 26(7A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 312(b); S.I. 2005/910, art. 3(y)

F13

Words in s. 26(8) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 3(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F14

Words in s. 26(8) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(3)(c), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F15

Word in s. 26(9)(a) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 3(3)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F16

S. 26(9)(b) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 3(3)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F17

Words in s. 26(10) substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 2

F18

Words in s. 26(10) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 34; S.I. 2004/2624, art. 2(1)(2)(b)

F19

S. 26(14) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(5), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

Modifications

C1

S. 26: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

Notes on Part I

Modifications

C1

Pt. 1 applied (E.W.S.) (30.5.2024) by The Rixton and Warburton Bridge Order 2024 (S.I. 2024/630), arts. 1, 3(16)