Section 166 Extension of disqualification where custodial sentence also imposedI1
This section applies where a court—
imposes a custodial sentence 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 is—
a suspended sentence, or
a life sentence in relation to which the court makes a whole life order under section 321(3).
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—
| Sentence | Length of appropriate extension period | |
|---|---|---|
| 1 | a detention and training order under section 233 (offenders under 18: detention and training orders) | half the term of the detention and training order |
| F11ZA | a sentence of detention under section 250 (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 |
| F21A | a sentence of detention under section 252A (special sentence of detention for F3certain offenders of particular concern) | two-thirds of the term imposed pursuant to section 252A(5) (the appropriate custodial term) |
| 2 | an extended sentence of detention under section 254 (persons under 18) | two-thirds of the term imposed pursuant to section 254(a) (the appropriate custodial term) |
| 3 | a sentence under section 265 (special custodial sentence for certain offenders of particular concern: adults aged 18 to 20) | F4two-thirds of the term imposed pursuant to section 265(2)(a) (the appropriate custodial term) |
| 4 | an extended sentence of detention in a young offender institution | two-thirds of the term imposed pursuant to section 266(a) (the appropriate custodial term) |
| F54A | a serious terrorism sentence of detention in a young offender institution | the term imposed pursuant to section 268C(2) (the appropriate custodial term) |
| 5 | a sentence under section 278 (special custodial sentence for certain offenders of particular concern: adults aged 21 and over) | two-thirds of the term imposed pursuant to section 278(2)(a) (the appropriate custodial term) |
| 6 | an extended sentence of imprisonment | two-thirds of the term imposed pursuant to section 279(a) (the appropriate custodial term) |
| F66A | a serious terrorism sentence of imprisonment | the term imposed pursuant to section 282C(2) (the appropriate custodial term) |
| F76B | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender F8by virtue of subsection (4) or (5) of that section | |
| F106BA | 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 |
| 6C | 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 |
| 7 | a life sentence in relation to which a minimum term order is made under section 321(2) | the term specified in the minimum term order |
| 8 | any other case |
In the case of a sentence specified in entry 2, 4 or 6 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, F14entry 8 specified the new proportion.
Subsection (7A) 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 1ZA 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 6B 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 6BA 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 8 specified the new proportion.
Regulations under subsection F15(7) (7A) are subject to the affirmative resolution procedure.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by subsection F16(7) (7A).
Annotations
Textual amendments
- F1
Words in s. 166(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(5)(a)(i), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F2
Words in s. 166(5) table inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(6)
- F3
Word in s. 166(5) table substituted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(9)(d), 49(4)
- F4
Word in s. 166(5) table substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(2)(a)(i), 208(4)(q) (with s. 140(3))
- F5
Words in s. 166(5) table inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(6)(a)
- F6
Words in s. 166(5) table inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(6)(b)
- F7
Words in s. 166(5) table inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(2)(a)(ii), 208(4)(q)
- F8
Words in s. 166(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(5)(a)(ii), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F9
Word in s. 166(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(5)(a)(iii), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F10
Words in s. 166(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(5)(a)(iv), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F11
Words in s. 166(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(5)(a)(v), 49(3)(c) (with s. 24(7)); S.I. 2026/953, regs. 2(c), 5, Sch.
- F12
S. 166(5A) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(2)(b), 208(4)(q)
- F13
S. 166(7)(7A) substituted for s. 166(7) (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 24(5)(b), 49(3)(c) (with s. 24(7))
- F14
Word in s. 166(7) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 4
- F15
Word in s. 166(8) substituted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 24(5)(c), 49(3)(c) (with s. 24(7))
- F16
Word in s. 166(9) substituted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 24(5)(d), 49(3)(c) (with s. 24(7))
Commencement
- I1
S. 166 in force at 1.12.2020 by S.I. 2020/1236, reg. 2