Road Traffic Offenders Act 1988, section 26

Interim disqualification

Part I Trial

(1)Where a magistrates’ court—

(a)commits an offender to the Crown Court under [F113 section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that sectionF113] , or

(b)remits an offender to another magistrates’ court under [F114 section 28 of that CodeF114] ,

to be dealt with for an offence involving obligatory or discretionary disqualification, it may order him to be disqualified until he has been dealt with in respect of the offence.

(2)Where a court in England and Wales—

(a)defers passing sentence on an offender under [[F115,F116 Chapter 1 of Part 2F116] of that ActF115] in respect of an offence involving obligatory or discretionary disqualification, or

(b)adjourns after convicting an offender of such an offence but before dealing with him for the offence,

it may order the offender to be disqualified until he has been dealt with in respect of the offence.

(3)Where a court in Scotland—

(a)adjourns a case under section 179 or section 380 of the Criminal Procedure (Scotland) Act 1975 (for inquiries to be made or to determine the most suitable method of dealing with the offender);

(b)remands a person in custody or on bail under section 180 or section 381 of the Criminal Procedure (Scotland) Act 1975 (to enable a medical examination and report to be made);

(c)defers sentence under section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975;

(d)remits a convicted person to the High Court for sentence under section 104 of the Criminal Procedure (Scotland) Act 1975,

in respect of an offence involving obligatory or discretionary disqualification, it may order the accused to be disqualified until he has been dealt with in respect of the offence.

(4)Subject to subsection (5) below, an order under this section shall cease to have effect at the end of the period of six months beginning with the day on which it is made, if it has not ceased to have effect before that time.

(5)In Scotland, where a person is disqualified under this section where section 219 or section 432 of the Criminal Procedure (Scotland) Act 1975 (deferred sentence) applies and the period of deferral exceeds 6 months, subsection (4) above shall not prevent the imposition under this section of any period of disqualification which does not exceed the period of deferral.

(6) Where a court orders a person to be disqualified under this section (“the first order”), no court shall make a further order under this section in respect of the same offence or any offence in respect of which an order could have been made under this section at the time the first order was made.

(7)Where a court makes an order under this section in respect of any person it must—

(a)require him to produce to the court any licence held by him F117..., and

(b)retain the licence F118... until it deals with him or (as the case may be) cause [F119 itF119] to be sent to the [F120 proper officerF120] of the court which is to deal with him.

[[F121,F122 (7A) F122] In subsection (7) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the [F123 designated officerF123] for the court, and

(b)in relation to any other court, the clerk of the court.F121]

(8)If the holder of the licence F124... does not produce the licence F125...as required under subsection (7) above, then he is guilty of an offence.

(9)Subsection (8) above does not apply to a person who—

(a)satisfies the court that he has applied for a new licence and has not received itF126...

F127 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where a court makes an order under this section in respect of any person, sections 44(1) and [F128 , 47(2)F128] [F129 , 91ZA(7) and 91A(5) of this ActF129] shall not apply in relation to the order, but—

(a)the court must send notice of the order to the Secretary of State, and

(b)if the court which deals with the offender determines not to order him to be disqualified under section 34 or 35 of this Act, it must send notice of the determination to the Secretary of State.

(11)A notice sent by a court to the Secretary of State in pursuance of subsection (10) above must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

(12)Where on any occasion a court deals with an offender—

(a)for an offence in respect of which an order was made under this section, or

(b)for two or more offences in respect of any of which such an order was made,

any period of disqualification which is on that occasion imposed under section 34 or 35 of this Act shall be treated as reduced by any period during which he was disqualified by reason only of an order made under this section in respect of any of those offences.

(13)Any reference in this or any other Act (including any Act passed after this Act) to the length of a period of disqualification shall, unless the context otherwise requires, be construed as a reference to its length before any reduction under this section.

F130 (14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F112]

Definitions used in section 26 3

disqualification

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act
disqualified

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act
licence

“licence” means a licence to drive a motor vehicle granted under Part III of that Act . . .,

Defined in s.98(1) · see it in the full Act

Cases considering section 26 8

R v Nicholas Brown

[2026] EWCA Crim 704 · 14 May 2026Interprets

Interprets section 26 as imposing an interim disqualification which expires after six months. Section 26(12) provides the related credit against a later disqualification; the interim order does not continue until sentencing merely because proceedings are delayed (see paras [4]-[9]; [15]; [20]-[21]). Applies the statutory adjustment under which a later disqualification imposed under section 34 or 35 is reduced by the period of interim disqualification served for the relevant offence. The adjustment is administrative and does not permit the sentencing court to impose less than the mandatory minimum (see paras [4]; [6]; [15]; [20]-[21]). Confirms that an interim disqualification order ceases to have effect at the end of six months from the day it is made if it has not already ended. The driver’s licence then regains effect absent a further disqualification (see paras [4]; [6]; [9]).

R v Robert Harrison

[2024] EWCA Crim 359 · 20 February 2024Interprets

The court treated section 26(4) as imposing a six-month statutory maximum for interim disqualification and held that credit could not exceed that period. The sentencing judge’s allowance of seven months and seven days was therefore erroneous, although the order was not reduced. (see para [14])

R v Kenneth Smith

[2023] EWCA Crim 1097 · 8 September 2023Interprets

The court interprets section 26(12) as requiring an interim disqualification period to reduce the disqualification imposed under section 34 or 35. The deduction is automatic and administrative, so the sentencing judge should not make it. (see para [19])

What each judgment says about section 26 is in the case-law panel in the full Act.

Amendments and notes

20 notes from legislation.gov.uk

Amendments

  1. F112S. 26 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 25; S.I. 1992/1286, art. 2, Sch.
  2. F113Words in s. 26(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 99(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  3. F114Words in s. 26(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 99(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  4. F115Words in s. 26(2)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 119(3)
  5. F116Words in s. 26(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 99(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  6. F117Words in s. 26(7)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
  7. F118Words in s. 26(7)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
  8. F119Word in s. 26(7)(b) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(2)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)
  9. F120Words in s. 26(7)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 143 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
  10. F121S. 26(7)(2) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 143 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2) it is provided (1.4.2001) that after subsection (7) there shall be inserted subsection (2)
  11. F122S. 26(7)(2) renumbered as s. 26(7A) (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 312(a); S.I. 2005/910, art. 3(y)
  12. F123Words in s. 26(7A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 312(b); S.I. 2005/910, art. 3(y)
  13. F124Words in s. 26(8) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 3(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  14. F125Words in s. 26(8) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(3)(c), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
  15. F126Word in s. 26(9)(a) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 3(3)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  16. F127S. 26(9)(b) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 3(3)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  17. F128Words in s. 26(10) substituted (1.1.1997) by S.I. 1996/1974, reg. 3, Sch. 2 para. 2
  18. F129Words in s. 26(10) substituted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 34; S.I. 2004/2624, art. 2(1)(2)(b)
  19. F130S. 26(14) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 32(5), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

Modifications

  1. C36S. 26: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).