Ancillary orders toolkit - Crown Prosecution Service

Order or Power:Discretionary Driving DisqualificationFound in: Section 34(2) Road Traffic Offenders Act 1988;Sections 146 & 147 Powers of Criminal Courts (Sentencing)Act 2000; andSection 301 Criminal Justice Act 20031. What is this?There are four relevant provisions upon which the court may rely todisqualify an offender from driving (where there is no obligatory power todisqualify). These are:1) Section 34(2) Road Traffic Offenders Act 1988 (RTOA88);2) Section 146 Powers of Criminal Courts (Sentencing) Act 2000(PCC(S)A);3) Section 147 PCC(S)A;where the period of disqualification may be for as long as the courtthinks fit; and4) Section 301 Criminal Justice Act 2003,where the period of disqualification may be for up to 12 months.2. When is it useful?As a punishment (which may be in addition to any other penalty imposedby the court), to reduce the risk of re-offending and as a deterrent toothers, or as an incentive to pay an outstanding fine.3. When is it available?Section 34(2) Road Traffic Offenders Act 1988Offences that carry discretionary disqualification are listed in Schedule2 RTOA88. (A more user friendly list can be found in Wilkinson's RoadTraffic Offences, at 19.02.)