Driving Disqualifications for Non-Driving Offences

Most people will be aware that the Magistrates' Court has the power to impose driving disqualifications in certain circumstances, but few will realise that power can be used even in relation to non-driving offences.

Even having made that statement will no doubt leave some readers scratching their heads.

In today's article we shall explore this issue in more detail. We have been inspired to write about it by this recent case at Warrington Magistrates' Court, where a man convicted of bilking fuel - an offence under section 3 of the Theft Act 1978 - was disqualified from driving as part of his punishment.

The power to impose driving disqualifications for non-driving offences arises by virtue of sections 146 and 147 of the Powers of Criminal Courts (Sentencing) Act 2000.

Section 146(1) of the Act permits the court to impose a driving disqualification in relation to a person's conviction for any other offence.

Section 146(1) reads as follows: "The court by or before which a person is convicted of an offence committed after 31st December 1997 may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence."

Case law (R v Cliff [2004] EWCA Crim 3139) has established that under this provision a vehicle does not need to have been used to facilitate the offence with which the person was convicted.

Section 147, which applies mainly to cases disposed of by the Crown Court, can be used by the Magistrates' Court in certain limited circumstances.

Section 147(2) stipulates that it applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).

If the conditions in section 147(2) are satisfied, then the Magistrates' Court can disqualify by virtue of section 147(4).

Section 147(4) reads as follows: "If, in a case to which this section applies by virtue of subsection (2) above, the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence."

The Warrington case cited earlier is a very good example of when this legislation can be used effectively.

In that case, the offender drove around several petrol stations, filled his car up with petrol and made off without payment. Disqualifying him from driving should, at least in theory, prevent him from driving around and committing similar offences until the disqualification period comes to an end.

Suppose a shop thief lived in a rural area and relied upon their car to travel to commit offences. Disqualifying that person from driving would clearly make it much more difficult for them to commit further shop thefts until the disqualification period came to an end.

This legislation is a very handy tool at the disposal of the court. It is a real shame that its existence is not more widely known and its provisions more widely utilised.

Update (19/2/21): The relevant provisions of the Powers of Criminal Courts (Sentencing) Act 2000 have now been repealed and superseded by section 163 of the Sentencing Act 2020. The power to impose a driving disqualification for a non-driving offence remains.