Part 7: Sentencing and release Chapter 1: Custodial sentences Section 140: Extension of driving disqualification where custodial sentence imposed: England and Wales
Section 140 makes amendments to section 35A of the Road Traffic Offenders Act 1988 ("RTOA 1988") and to section 166 of the Code to ensure that where there have been changes to release provisions in England and Wales through recent legislation this is accurately reflected in the appropriate extension period required when a driver disqualification is imposed with a custodial sentence.
	Subsection (1) amends section 35A(4) of the RTOA 1988. Subsections (1)(a) and (b) amend, respectively, paragraph (e) and (f) of section 35A(4) of the RTOA 1988, and subsection (1)(c) inserts a new section 35A(4)(fza) of the RTOA 1988. Together, they provide for imposition of an appropriate extension period equal to the appropriate custodial term for terrorist offenders serving an extended sentence who are subject to section 247A(2A) of the CJA 2003, for whom no early release is possible.
	Subsection (1)(d) makes provision for the correct appropriate extension period for special sentences for offenders of particular concern ("SOPC") by adding reference to the new youth terrorism SOPC (section 252A of the 2020 Act) and changing the period from half to two-thirds of the custodial term.
	Subsection (1)(e) inserts new section 35A(4)(fb) to (fd). New section 34A(4)(fb) makes provision for the correct appropriate extension period for serious terrorism sentences (imposed under section 268A and 282A of the 2020 Act) of the whole custodial term imposed by the Court in those cases.
	New section 35A(4)(fc) makes provision for the appropriate extension period in the case of a sentence to which new section 244ZA of the CJA 2003 will apply to be two-thirds of the sentence. New section 34A(4)(fd) makes provision for the correct appropriate extension period for terrorist offenders sentenced to an SDS and subject to release under section 247A of the CJA 2003 of two-thirds of the sentence.
	Subsection (2) amends section 166 of the Code which prescribes the relevant appropriate extension periods for offenders convicted after 1 December 2020. Subsection (2)(a) updates the table in section 166(5) to provide for a two-thirds appropriate extension period for all SOPC sentences.
	New entries 6B and 6C to the table in section 166(5) of the Code provide for an appropriate extension period of two-thirds of the sentence for terrorist offenders serving a standard determinate sentence, and for serious offenders subject to the new release provisions under section 244ZA of the CJA 2003 (as inserted by this Act).
	New section 166(5A) of the Code clarifies where section 247A(2A) of the CJA 2003 would apply in respect of extended sentences for terrorist offenders who are not eligible for early release, the appropriate extension period is equal to the whole custodial term imposed.
	Subsection (3) ensures that the amendments made by subsection (2)(a)(i) do not apply to a person who is sentenced between the passing of the Act (when this section comes in to force) and the coming in to force of section 131 two months later and who will be a person to whom section 244A of the CJA 2003 applies.
	Subsection (4) provides for prospective consequential amendments to these provisions, should the sentence of detention in a young offender institution be repealed.
	Section 116 Subsection (4) repeals paragraph 34 of Schedule 22 to the Coroners and Justice Act 2009, which is a now-defunct order-making power relating to appropriate extension periods for old sentences imposed under the Criminal Justice Act 1991.