---

Coroners and Justice Bill

These amendments relate to powers to impose driving disqualifications and extend the principle that we have already established in Schedule 15 that time spent in prison should not erode the impact of disqualification. The provisions already contained in the Bill deal with those offenders when the court imposes both a driving disqualification and a custodial sentence for the same offence. These are likely to be serious road traffic offences for which it is imperative for public confidence that offenders feel the full impact of the ban. These new amendments are intended to cover those cases when the court imposes a driving disqualification while at the same time the offender is being sentenced to imprisonment for another, unrelated offence, or is already serving a custodial sentence for another offence. Again, the intention is that the effect of disqualification should not be significantly undermined by the time spent in prison. The key amendments are Amendments 90C, 90G, 90K, 90M, 90P and 90R. Each of these amendments inserts similar provisions alongside the sentencing powers applicable to the courts in different parts of the United Kingdom to impose driving disqualifications. When the court sentences an offender to a driving disqualification which will overlap to a greater or lesser extent with a current custodial sentence, the court must, in determining the period of disqualification it imposes, have regard to the fact that the effect of the disqualification will have a diminished effect as a distinct punishment during the time that the offender is also detained in prison. The court has to be mindful of that consideration if, and the extent to which, it is appropriate to do so. The more the two sentences overlap the greater the potential increase in duration of a driving ban which the court might impose. This approach differs from the provisions when the court imposes disqualification and custodial sentence for the same offence. In those cases, the court will be required to add a distinctly calculated extension period to the ban. Because of the extent to which a driving ban and custodial sentences for different offences overlap may vary, these provisions give the court discretion as to the increase in disqualification that might be appropriate in each case. I hope that noble Lords will accept the amendment. Amendment 90A agreed. Amendments 90B to 90R Moved by