R v Joseph John O'Conner

For dangerous driving, the statutory minimum disqualification and extended-retest requirement remain effective after release from custody. Under Road Traffic Act 1988 sections 35A and 35B, the court must extend the disqualification period by the custody time to be served for the driving offence and, where applicable, by the additional custody time arising from consecutive non-driving sentences imposed at the same time. The provisions prevent a defendant from serving any part of the mandatory disqualification whilst in custody.

The applicant pleaded guilty in the Crown Court at Worcester to dangerous driving, threats to kill, intentional non-fatal strangulation and assault by beating, all committed against his then partner during one incident. On 6 November 2023, the Recorder imposed a total sentence of three years’ imprisonment and disqualified him from driving for 30 months, with an extended retest.

He renewed an application for an extension of time and for leave to appeal against the length of the disqualification. He did not challenge the custodial sentence. He relied on his lack of previous driving offences and a prospective driving job on release. The issue was whether the Recorder had imposed an excessive disqualification period.

1. The court refused the extension of time and dismissed the appeal. The Recorder had correctly applied the statutory scheme governing disqualification where a sentence of custody is also imposed.

2. Dangerous driving attracts a minimum 12-month disqualification and an extended retest under sections 34 and 36 of the Road Traffic Act 1988. Sections 35A and 35B require an extension that prevents a defendant from serving the mandatory disqualification, in whole or in part, during custody.

3. Under section 35A, the Recorder had to add the time the applicant would serve for the dangerous-driving sentence: five months, being half of the 10-month sentence. Under section 35B, the Recorder also had to add the additional 13 months to be served under the consecutive sentences for threats to kill and intentional non-fatal strangulation.

4. The resulting 18-month extension, added to the 12-month minimum, properly ensured that the statutory disqualification applied in full after release. The Recorder’s order precisely followed the law explained in R v Needham [2016] EWCA Crim 455. It was not remotely arguable that the Recorder had erred.

• Court of Appeal (Criminal Division): refused an extension of time and dismissed the challenge to the 30-month driving disqualification in [2024] EWCA Crim 1189.

• Crown Court at Worcester: on 6 November 2023, imposed a total of three years’ imprisonment and a 30-month driving disqualification with an extended retest.