Policy background Custodial Sentences Driver disqualification
As a consequence of recent changes to the release points for offenders in England and Wales (and, for terrorist offenders, in Scotland as well), made through the Terrorist Offenders (Restriction of Early Release) Act 2020, the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 and those made by the Counter-Terrorism and Sentencing Act 2021 and by this Act, the Government have considered the legislation that provides for an appropriate extension period when a driving disqualification is imposed with a custodial sentence. The Act amends such legislation to ensure that an appropriate extension period is of a length that accurately correlates with the relevant release points of the associated custodial sentence.
	Alongside a discretionary disqualification period, which is set at the discretion of the court, a judge must impose the appropriate extension period. This period is imposed to ensure that, as far as is possible, the total disqualification period is equal to the anticipated time actually spent in custody (the extension period) plus the discretionary disqualification period imposed by the court. To achieve this, sections 140 to 142 amend the appropriate extension periods prescribed in Chapter 1 of Part 8 of the Code; section 248D of the Criminal Procedure (Scotland) Act 1995; and the Road Traffic Offenders Act 1988, so the appropriate extension period accurately correlates with the new release provisions. Section 143 amends the equivalent driving disqualification provisions as they relate to Scotland to ensure they continue to operate correctly.
	These changes are necessary to ensure those in receipt of a driving disqualification and a custodial sentence will not have a significant part of that disqualification subsumed by time spent in custody.