Needham & Ors, R. v [2016] EWCA Crim 455 (28 April 2016)

Needham & Ors, R. v [2016] EWCA Crim 455 (28 April 2016)

The extension period under section 35A of the Road Traffic Offenders Act 1988 must be calculated by reference only to the custodial sentence imposed for the offence attracting disqualification, not the aggregate custodial sentence for all offences. Where there are additional custodial sentences for other offences, section 35B requires the court to consider the diminished effect of disqualification and to adjust the period so that the disqualification is served in the community. Minimum periods of disqualification apply only to the discretionary period. Time spent on remand is not automatically credited but may be considered to avoid disproportionate outcomes, provided the statutory...

Citation
[2016] EWCA Crim 455
Parties
Respondent: Regina; Applicant/appellant: Paul Maurice Needham; Applicant/appellant: Shafiq Ali; Applicant/appellant: Michael Williams; Applicant/appellant: Lee Smythe; Applicant/appellant: Lloyd Deakin; Applicant/appellant: Tony Aitken; Applicant/appellant: Saddiq Khan
Jurisdiction
England and Wales
Judgment Date
28 April 2016
Procedural Posture
Criminal Appeal / Appeal From Crown Court to Court of Appeal (criminal Division)
Outcome
Appeals allowed in part; sentencing clarified and adjusted in accordance with the court's interpretation of sections 35A and 35B.
Legal Topics
Driving Disqualification, Custodial Sentences, Interpretation of Road Traffic Offenders Act 1988 Sections 35 a and 35 B, Commencement and Transitional Provisions, Sentencing Guidelines, Concurrent and Consecutive Sentences, Remand Credit, Minimum Disqualification Periods
Criminal Law Road Traffic Law Sentencing Driving Disqualification Custodial Sentences Interpretation of Road Traffic Offenders Act 1988 Sections 35 a and 35 B Commencement and Transitional Provisions Sentencing Guidelines +3 more

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Parties

Regina

Respondent

Paul Maurice Needham

Applicant/appellant

Shafiq Ali

Applicant/appellant

Michael Williams

Applicant/appellant

Lee Smythe

Applicant/appellant

Lloyd Deakin

Applicant/appellant

Tony Aitken

Applicant/appellant

Saddiq Khan

Applicant/appellant

Procedural Posture

Criminal Appeal / Appeal From Crown Court to Court of Appeal (criminal Division)

Legal Issues

  1. 1 Proper interpretation and application of sections 35A and 35B of the Road Traffic Offenders Act 1988 as amended
  2. 2 Whether extension periods for driving disqualification should be calculated by reference to the global custodial sentence or only the sentence for the motoring offence
  3. 3 How to apply uplift under section 35B when there are consecutive or concurrent custodial sentences for non-motoring offences

Ratio Decidendi

The extension period under section 35A of the Road Traffic Offenders Act 1988 must be calculated by reference only to the custodial sentence imposed for the offence attracting disqualification, not the aggregate custodial sentence for all offences. Where there are additional custodial sentences for other offences, section 35B requires the court to consider the diminished effect of disqualification and to adjust the period so that the disqualification is served in the community. Minimum periods of disqualification apply only to the discretionary period. Time spent on remand is not automatically credited but may be considered to avoid disproportionate outcomes, provided the statutory...

Court Disposition

Appeals allowed in part; sentencing clarified and adjusted in accordance with the court's interpretation of sections 35A and 35B.

Orders

  • Crown Court record to be amended to delete requirement for extended retest where already in force.
  • Disqualification periods to be recalculated in accordance with the judgment: extension period under section 35A to be based only on the custodial sentence for the motoring offence; any further uplift under section 35B to be separately identified and justified.