The offence of driving whilst disqualified covers: those who drive a motor vehicle on a road or road related area whilst their licence is disqualified, and Step 1 – Determining the offence category, Failure to comply with current court orders (not including the current order for disqualification), Offence committed on licence or post sentence supervision, Age and/or lack of maturity where it affects the responsibility of the offender, Serious medical condition requiring urgent, intensive or long-term treatment, Sole or primary carer for dependent relatives. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). However, this factor is less likely to be relevant where the offending is very serious. The court would want very good reasons as to why the disqualification should not be extended. If you ever have the need, I would be happy to restate these words to a prospective client or anybody else. The 29-year-old pleaded guilty to the offence at Basingstoke magistrates court last week. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates’ courts sentencing powers). Under the Act, it is an offence for a person to drive a motor vehicle on any road whatsoever without having a valid driver’s licence for that specific purpose. If an adjournment cannot be avoided, the information should be provided to the National Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court. Driving whilst disqualified is an offence under section 54(1) of the Road Transport Act 2013. The Crown Prosecution Service (CPS) recognises that being open and transparent about how our practices and procedures are applied by prosecutors when reaching charging and other casework decisions is vital to increasing public confidence in the way we operate. Driving whilst Disqualified and the Penalties (BA10 Conviction) Viewed by the Courts as a serious driving offence, the charge of driving whilst disqualified (penalty code BA10) can carry heavy punishments. A person driving a vehicle whilst his/her licence is suspended or disqualified (regardless of the reason they have been suspended/disqualified) faces a maximum penalty of imprisonment for 6 months for a first offence and imprisonment of up to 2 years for a subsequent offence [s 91(5)]. Reduced period of disqualification for completion of rehabilitation course, 7. See the guidance on extending disqualification when imposing custody. If you are convicted, your driving ban will usually be extended or, you will receive penalty points.. Driving whilst disqualified is not the same as driving without a licence.Driving otherwise in accordance with a licence is a much less serious offence and you cannot go to prison. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. There are no greys and no maybes. Thank you so much for the role you have played in my life.   Driving whilst Disqualified – Motoring Offence Driving whilst disqualified is a very serious offence and is viewed extremely seriously by the Court. Note: Excludes suspension or cancellation under the Fines Act 1996. Driving Whilst Disqualified What is the penalty for driving whilst disqualified? Suggested starting points for physical and mental injuries, 1. Driving Whilst Disqualified. The court should determine the offender’s culpability and the harm caused with reference only to the factors below. The Vehicle and Traffic Act 1999 makes it an offence to drive whilst your licence is suspended or disqualified in Tasmania. We are highly experienced in defending drivers who been charged with driving whilst disqualified and have secured the best possible outcomes for clients. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. Understandably, the court may feel you’ve shown disrespect for the law and could decide to impose a prison sentence. A common example of this is when you have been convicted of a drink driving offence, were disqualified by the Court, and then drive during the term of disqualification period. Therefore a young adult’s previous convictions may not be indicative of a tendency for further offending. The court should then consider further adjustment for any aggravating or mitigating factors. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must -, (a) treat the fact that it was committed in those circumstances as an aggravating factor and. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 94-100). Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. Thanking you. A common example of this is when you have been convicted of a drink driving offence, were disqualified by the Court, and then drive during the term of disqualification period. 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