Determining the length of disqualification

Sentencers should consider the following questions, when considering the length of a disqualification over and above any applicable minimum and any period spent in custody:

  • How bad was any driving concerned in the present offence?

  • Does the offender have a history of poor driving, driving unlicensed, or breaching disqualifications?

  • Will the public be at risk of harm from the offender’s driving in future?

  • Will the disqualification period provide a sufficient deterrent to the offender, helping to ensure their future driving is of an acceptable standard?

  • How will the disqualification affect the offender’s prospects for rehabilitation (with particular regard to employment, training, and family responsibilities)?

  • What will the impact be on third parties (including children and dependent family members) for the duration of the disqualification?

  • What is the aggregate period that the offender will be prevented from driving, bearing in mind any period spent in custody?

  • Standing back, is the disqualification fair and proportionate, considering the culpability of the offender and the harm done?

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