Home > Blog

R v Needham & Ors [2016] EWCA Crim 455

This was a case heard at the Court of Appeal on 28 April 2016.  It was a series of appeals from sentences of the Crown Court.  It centred around the issue of disqualifying defendants from driving when also passing a custodial sentence and essentially dealt with the fact that Parliament intended that the disqualificaiton period ought to apply to the defendant whilst at liberty and not while in custody.

The Court of Appeal therefore sought to clarify how the Crown Court should achieve this objective through the legislation when sentencing. The Court focussed particularly on the Road Traffic Offenders Act 1988 (RTOA) of sections 35A and 35B. Essentially the sentencing Court ought to use its discretion to extend the disqualification period to cover the period in custody and beyond thereby reflecting Parliament's intention 

This appeal clarified the law on this issue.