s 177J Extension of disqualification where custodial sentence or service detention also imposed
(1) This section applies where a court— (a) imposes a custodial sentence or a sentence of service detention on an offender for an offence, and (b) makes a driving disqualification order in respect of the offender for the same offence. (2) But this section does not apply where the custodial sentence or sentence of service detention (as the case may be) is— (a) a suspended sentence of imprisonment, (b) a suspended sentence of service detention, or (c) a life sentence in relation to which the court makes a whole life order under section 321(3) of the Sentencing Code (life sentence: minimum term order or whole life order) by virtue of section 261A of this Act (life sentences: further provision). (3) The disqualification period must be— (a) the discretionary disqualification period, and (b) the appropriate extension period. (4) The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order. (5) The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3— (6) In the case of a sentence specified in entry 3, 5 or 8 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”. (7) Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days. (8) Where— (a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and (b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”), the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, entry 14 specified the new proportion. (8) Subsection (8A) applies where— (a) an order (“ the amending order ”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and (b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”). (8A) The Secretary of State may by regulations— (a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry A1 specified the new proportion; (b) if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10 specified the new proportion; (c) if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10A specified the new proportion; (d) if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 14 specified the new proportion.