Legislation – Sentencing Act 2026

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Part 2Management of offenders after sentencing

Release

24Release: consequential amendments relating to driving disqualification

(1)

In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a)

in subsection (4)—

(i)

in paragraph (fc), for the words from “, a period” to the end of the paragraph substitute “—

(i)

where the sentence falls within subsection (4) or (5) of that section, a period equal to one-half of the sentence;

(ii)

where the sentence falls within subsection (6) of that section, a period equal to two-thirds of the sentence;”;

(ii)

after paragraph (fd) insert—

“(fe)

in the case of any other sentence under section 250 of the Sentencing Code, a period equal to one-half of the sentence;”;

(iii)

in paragraph (h), for “half” substitute “one-third of”;

(b)

in subsection (8), after “244(3)(a)” insert “or (aa) or section 244ZA(8)(a) or (aa)”;

(c)

in subsection (9)—

(i)

before paragraph (a) insert—

“(za)

if the amending order makes provision in respect of section 244ZA(8)(a) or (aa) of that Act, provide that the proportion specified in subsection (4)(fc)(i) or (ii) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

(zb)

if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(fe) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;”;

(ii)

in paragraph (a), for “243A(3)(a) or 244(3)(a)” substitute “244(3)(aa)”.

(2)

The Armed Forces Act 2006 is amended in accordance with subsections (3) and (4).

(3)

In section 177J (extension of disqualification where custodial sentence or service detention also imposed)—

(a)

in subsection (5), in the table—

(i)

before entry 1 insert—

“A1

a sentence of detention under section 209 (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”;

(ii)

in entry 10, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;

(iii)

in that entry, in column 3, for “two-thirds” substitute “one-half”;

(iv)

after entry 10 insert—

“10A

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”;

(v)

in entry 14, in column 3, for “half” substitute “one-third of”;

(b)

for subsection (8) substitute—

“(8)

Subsection (8A) applies where—

(a)

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

(b)

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”).

(8A)

The Secretary of State may by regulations—

(a)

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 A1 specified the new proportion;

(b)

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 10 specified the new proportion;

(c)

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 10A specified the new proportion;

(d)

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 14 specified the new proportion.”

(4)

In section 373 (orders, regulations and rules), in each of subsections (3)(d), (5) and (5A), for “177J(8)” substitute “177J(8A)”.

(5)

In section 166 of the Sentencing Code (extension of disqualification where custodial sentence also imposed)—

(a)

in subsection (5), in the table—

(i)

after entry 1 insert—

“1ZA

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”;

(ii)

in entry 6B, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;

(iii)

in that entry, in column 3, for “two-thirds” substitute “one-half”;

(iv)

after entry 6B insert—

“6BA

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”;

(v)

in entry 8, in column 3, for “half” substitute “one-third of”;

(b)

for subsection (7) substitute—

“(7)

Subsection (7A) applies where—

(a)

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

(b)

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”).

(7A)

The Secretary of State may by regulations—

(a)

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;

(b)

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;

(c)

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;

(d)

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.”;

(c)

in subsection (8), for “(7)” substitute “(7A)”;

(d)

in subsection (9), for “(7)” substitute “(7A)”.

(6)

In consequence of the amendments made by this section—

(a)

in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 1(b);

(b)

in the Police, Crime, Sentencing and Courts Act 2022, in Schedule 21, omit paragraph 4.

(7)

The amendments made by this section apply in relation to—

(a)

an order under section 34 or 35 of the Road Traffic Offenders Act 1988 which is made on or after the day on which this section comes into force,

(b)

a driving disqualification order within the meaning of the Armed Forces Act 2006 which is made on or after that day, and

(c)

a driving disqualification order within the meaning of the Sentencing Code which is made on or after that day.