(1)This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—
(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or
(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.
(2)In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.
(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.
(4)If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).
(5)
In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.
Cases considering section 35B 48
[2026] EWCA Crim 1010 · 8 July 2026
Applies section 35B(2)-(3) to assess whether consecutive theft sentences warranted an uplift because disqualification had diminished effect. The court assessed a 10-month uplift but refrained from imposing it under section 11(3). (see paras [39]-[40])
Applies the provision requiring an upward adjustment where consecutive custody diminishes the effect of disqualification. The court considered an uplift appropriate in principle but did not add it because section 11(3) prohibited a more severe overall outcome. (see paras [22]-[24], [39]-[40])
[2026] EWCA Crim 896 · 25 June 2026Interprets
Interprets section 35B, together with section 35A, as requiring extension of the disqualification period where custody is imposed, so disqualification is not served during custody. (see paras [24]-[25])
[2026] EWCA Crim 692 · 15 May 2026Interprets
The court explains that the s 35B uplift is intended to ensure that the appropriate disqualification is served outside custody. Where SDS40 is known at sentence, an uplift equivalent to 40% of the other custodial sentence will normally suffice; Home Detention Curfew remains irrelevant. (see paras [18]-[19]; [20])
28 more judgments, and what each says about section 35B, are in the
case-law panel in the full Act.