Prison plus a ban question (not me)
Discussion
I've often wondered about this - there's often news articles about convicted drivers getting something like 12 month's custodial, plus an 18 month ban (or similar). What is the point of the ban? Is the ban length set in order to make sure that the perp is still banned when they get out?
Basically - are custodial sentences and driving bans concurrent or consecutive?
Basically - are custodial sentences and driving bans concurrent or consecutive?
Nigel_O said:
I've often wondered about this - there's often news articles about convicted drivers getting something like 12 month's custodial, plus an 18 month ban (or similar). What is the point of the ban? Is the ban length set in order to make sure that the perp is still banned when they get out?
Basically - are custodial sentences and driving bans concurrent or consecutive?
I think the Judge can determine that at sentencing, and so it depends on the specifics of the case. Basically - are custodial sentences and driving bans concurrent or consecutive?
I'm not a lawyer though...
PixelpeepS3 said:
prison + 4 year ban... that's a top job!
what did they do?!
Killed a cyclist while on the phone.what did they do?!
https://www.bbc.co.uk/news/uk-england-lancashire-2...
Robmarriott said:
PixelpeepS3 said:
prison + 4 year ban... that's a top job!
what did they do?!
Killed a cyclist while on the phone.what did they do?!
https://www.bbc.co.uk/news/uk-england-lancashire-2...
Robmarriott said:
Does anyone know how it works if you were sentenced to 21 months in prison plus a 4 year driving ban, does the ban start upon your release or would it run alongside the prison time?
Awaits confirmation from AGT but, AFAIK, an order to disqualify must commence at the point of sentencing - it cannot run consecutively to another ban or to a period of imprisonment.If the offence was committed before 13.4.2015 then the ban must be immediate from the sentence date (or commencement of an interim ban if sooner).
If the offence was committed on or after 13.4.2015 then the ban comes into effect upon release from prison. This is achieved via an 'extension period.'
Sections 35A and 35B of the Road Traffic Offenders Act 1988 require the Court to impose an extension in the length of the period of a driving disqualification imposed under sections 34 or 35 of the RTOA where a custodial sentence is also imposed. The relevant provisions do not apply to offences committed wholly or partly before 13th April 2015; see Coroners and Justice Act 2009 (Commencement No.17) article 2 and paragraphs 29 to 34 of Schedule 22 of the Coroners and Justice Act 2009. http://www.counsel.direct/news/2015/3/24/extension...
If the offence was committed on or after 13.4.2015 then the ban comes into effect upon release from prison. This is achieved via an 'extension period.'
Sections 35A and 35B of the Road Traffic Offenders Act 1988 require the Court to impose an extension in the length of the period of a driving disqualification imposed under sections 34 or 35 of the RTOA where a custodial sentence is also imposed. The relevant provisions do not apply to offences committed wholly or partly before 13th April 2015; see Coroners and Justice Act 2009 (Commencement No.17) article 2 and paragraphs 29 to 34 of Schedule 22 of the Coroners and Justice Act 2009. http://www.counsel.direct/news/2015/3/24/extension...
OP, why do you ask?
The sentence was passed in Jan 2014 so both the prison term and driving ban will have been servrd by now.
Am I right in thinking that for longer driving bans you can apply to have the length of ban reduced once you have served half of it? Not sure on details, sure I read it somewhere?
It's ages since I had a Blue Book, obviously you don;t need to have a driving licence to have a race licence, but does the MSA still allow you to hold a race licence if you have a road driving ban?
The sentence was passed in Jan 2014 so both the prison term and driving ban will have been servrd by now.
Am I right in thinking that for longer driving bans you can apply to have the length of ban reduced once you have served half of it? Not sure on details, sure I read it somewhere?
It's ages since I had a Blue Book, obviously you don;t need to have a driving licence to have a race licence, but does the MSA still allow you to hold a race licence if you have a road driving ban?
Vaud said:
F1 does. Max Verstappen had done 14 races before even passing his test.
That's not what I meant though. You dont need to have a DL to have a race licence, but what if you get a ban. Mists of time, but I was in potentially that position 20 years ago and I think the rule back then was that it was ok as long as the ban wasn't for drink driving. Or it could just be that for a club racer in a low profile case no one would ever have found out.
Obviously different profile in this case in both competition level and transgression..
After reading the OP I thought this thread was going to be about a local lad who has been seen driving around following prison time and a ban for death while driving under influence. According to a mate of mine he is still banned. What is the procedure if someone reported him? would it be back to jail or just more time added on to the ban that he is already ignoring?
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