§ Mr. Norman Fowlerasked the Secretary of State for the Home Department (1) if he will seek to clarify the law as it relates to the rehabilitation of offenders who have been convicted of drink and driving offences;
(2) if he will make a statement on the working of the Rehabilitation of Offenders Act 1974 in relation to motorists convicted of drink and driving offences.
§ Mr. Merlyn ReesThe period of rehabilitation under the Rehabilitation of Offenders Act 1974 is related, in each case, to the penalty imposed by the court. The penalties applicable to drink and driving offences include imprisonment, a fine, disqualification from driving and endorsement of the driving licence. Under section 5 of the Rehabilitation of offenders Act 1974 a five-year rehabilitation period is applicable to a fine and a seven-year 575W period to a sentence of imprisonment not exceeding six months.
The rehabilitation period applicable to a disqualification, disability, prohibition or penalty—which include a licence endorsement—ends on the date on which the disqualification, and so on ceases to have effect. Where a conviction involves a fine or imprisonment and a disqualification, and so on, which attracts a longer rehabilitation period, the conviction does not become spent until the period of the disqualification, and so on, expires. The period of rehabilitation for drink-driving offences is therefore determined by section 101(7) of the Road Traffic Act 1972, as amended by the Road Traffic Act 1974, which requires an endorsement in respect of an offence of driving while unfit to drive through drink or drugs to remain on the licence for 11 years.