Fokrul Islam [2019] EWCA Crim 1494

The appellant pleaded guilty to dangerous driving, and a suspended sentence was imposed. He appealed against the disqualification of 4 years.

A mandatory disqualification of 12 months had to be imposed, and there are no guidelines for where a judge decides a longer disqualification is required. One principle is clearly that a disqualification should not be so long that it disproportionately affects the prospects of rehabilitation. Further, it should be of the length required to prevent harm to the public.

Held: there is no formula by which a court can measure the right length of a disqualification: it is a judicial decision which should produce a result, tailored to the offender and the offence. This was a man with a significant criminal record who chose to place innocent members of the public at risk in order to avoid being spoken to by the police. The choice for the judge was between 3 or 4 years. The disqualification was within that range, albeit at the top.

The appeal was dismissed.