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If a person has been convicted of driving or attempting to drive while disqualified and has a BA30 or BA10 driving licence endorsement on their driving licence they will likely see an increase in their motor insurance premiums as a convicted driver who has been previously disqualified from holding or obtaining a driving licence.
Our panel of specialist insurers can help people find an affordable insurance policy if they have previously been disqualified from driving and have motoring convictions, previous driving bans, driving licence endorsements and/or penalty points.
We allow convicted drivers to compare insurance quotes in order to help them find a cheap deal on their motor insurance.
(the following licence endorsements remain on driving licence for 4 years from date of offence)
|BA10||Driving while disqualified by order of the court||6 points|
|BA30||Attempting to drive while disqualified by order of court||6 points|
Driving whilst disqualified from holding or obtaining a driving licence
(1) A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he
Any person who drives a motor vehicle on a road of a particular class that that person has been disqualified from holding or obtaining a driving licence for, by order of a court of law, is guilty of a criminal offence.
A police constable in uniform can arrest, without a warrant, any person driving a motor vehicle such as a car or van or riding a motorcycle on a road, that they have reasonable cause to suspect of being disqualified from holding or obtaining a driving licence permitting them to do so.
Driving whilst disqualified is an offence which is triable summarily in England and Wales, this means a person can usually only be convicted and sentenced for this offence in a magistrates court as opposed to a crown court. However, if a defendant is charged with a indictable offence in conjunction with this offence then they can be tried for this offence at crown court.
In Scotland, driving while disqualified is an either way offence which can be tried either summarily or on indictment.
Penalty for driving while disqualified
England & Wales: The maximum sentence a person can receive for driving whilst disqualified is 6 months imprisonment and/or a fine of £5,000. Any person convicted of driving whilst disqualified will also receive a driving ban that extends their current driving disqualification or if no disqualification is imposed, 6 penalty points on their driving licence. Penalty points for this offence will remain on a persons driving licence for 4 years from the date the offence was committed.
Scotland: The maximum sentence a person can receive for this offence if their case is tried summarily in Scotland is 6 months imprisonment and/or the maximum statutory fine. If their case is dealt with on indictment the maximum sentence that can be imposed is 12 months imprisonment and/or the maximum statutory fine.
Triable: Only summarily
Maximum: Unlimited Fine and/or 6 months
Determining the offence category
The court should determine the offence category:
The court should determine the offender's culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.
CULPABILITY demonstrated by one or more of the following:
Factors indicating higher culpability
Factors indicating lower culpability
HARM demonstrated by one or more of the following:
Factors indicating greater harm
Factors indicating lesser harm
Starting point and category range
Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below.
Starting point applies to all offenders irrespective of plea or previous convictions
|Level of seriousness||Starting Point||Range||Disqualification/points|
12 weeks custody
High level community order - 26 weeks custody
Disqualify for 12 - 18 months beyond expiry of current ban
High level community order
Medium level community order - 12 weeks custody
Disqualify for 6 - 12 months beyond expiry of current ban
Low level community order
Band C Fine - Medium level community order
Disqualify for 3 - 6 months beyond expiry of current ban
The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.
Factors increasing seriousness
Statutory aggravating factors
NOTE: An offender convicted of this offence will always have at least one relevant previous conviction for the offence that resulted in disqualification. The starting points and ranges take this into account; any other previous convictions should be considered in the usual way.
Other aggravating factors
Factors reducing seriousness or reflecting personal mitigation
Consider any factors which indicate a reduction, such as assistance to the prosecution
The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Reduction for guilty pleas
The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and guilty plea guidelines.
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the offences taken into consideration and totality guidelines.
Compensation and ancillary orders
In all cases, the court should consider whether to make compensation and/or other ancillary orders including disqualification from driving.
Section 17 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.
Consideration for time spent on bail
The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003.
For more information on sentencing guidelines, fine bands, sentencing for multiple offences and ancillary orders please visit Sentencing Council, Magistrates Court Sentencing Guidelines [online]. Available from https://www.sentencingcouncil.org.uk/the-magistrates-court-sentencing-guidelines/. ©Crown Copyright 2020.