Needham & Ors, R. v

Needham & Ors, R. v

The extension period under section 35A must be calculated by reference only to the custodial sentence for the offence for which disqualification is imposed, not the global custodial sentence. Where custodial sentences are imposed for other offences, section 35B applies and the court must adjust the disqualification period to ensure the full intended period is served in the community. Time on remand does not automatically reduce the disqualification period, but the court may adjust the discretionary period if failure to do so would be disproportionate. Disqualification always commences on the date of sentence. Minimum periods apply to the discretionary period only.

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 Against Sentence
Outcome
Appeals dismissed or refused except for Khan, where custodial sentence reduced and disqualification adjusted. Crown Court records ordered to be amended to reflect correct application of sections 35A and 35B.
Legal Topics
Driving Disqualification, Dangerous Driving, Sentencing, Interpretation of Road Traffic Offenders Act 1988 Sections 35 a and 35 B, Application of Extension Periods to Disqualification, Totality Principle in Sentencing
Criminal Law Road Traffic Law Driving Disqualification Dangerous Driving Sentencing Interpretation of Road Traffic Offenders Act 1988 Sections 35 a and 35 B Application of Extension Periods to Disqualification Totality Principle in Sentencing

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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 Against Sentence

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 adjust disqualification periods where custodial sentences are imposed for other offences

Ratio Decidendi

The extension period under section 35A must be calculated by reference only to the custodial sentence for the offence for which disqualification is imposed, not the global custodial sentence. Where custodial sentences are imposed for other offences, section 35B applies and the court must adjust the disqualification period to ensure the full intended period is served in the community. Time on remand does not automatically reduce the disqualification period, but the court may adjust the discretionary period if failure to do so would be disproportionate. Disqualification always commences on the date of sentence. Minimum periods apply to the discretionary period only.

Court Disposition

Appeals dismissed or refused except for Khan, where custodial sentence reduced and disqualification adjusted. Crown Court records ordered to be amended to reflect correct application of sections 35A and 35B.

Orders

  • Crown Court records to be amended to show correct breakdown of discretionary, extension, and section 35B uplift periods for disqualification.
  • References to extended re-test deleted where already in force.