The effect of disqualification from driving after an appeal

Interim suspension of disqualification

You have appealed against sentence and the court has suspended the disqualification pending the determination of your appeal. The suspension remains in force until your appeal is determined. The appeal may be determined and the disqualification re-imposed in the following circumstances.

Failure to take required action

There are various stages in the appeal procedure which may require you to take certain action. If you fail to comply with any stage, your appeal may be deemed to be abandoned by the court. The disqualification will be re-imposed by the sentencing court, and intimated to you by that court.


If you decide to abandon the appeal and you notify the court to that effect, the appeal procedure will come to an end and the sentence, including the disqualification, will be re-imposed. This will happen immediately intimation of the abandonment is received by the sentencing court. The date of the re-imposition will be intimated to you by the sentencing court.


Whether your appeal is against conviction or sentence, or both, it requires to go before a Judge of the High Court or the Sheriff Appeal Court for consideration of whether leave to appeal should be granted. If leave is refused the period of disqualification will be re-imposed on the fifteenth day after intimation of that refusal.

You have the right to appeal the refusal of leave to appeal within 14 days from the date of intimation. Pending the determination of this appeal, the disqualification remains suspended.

If leave is refused at the second review of the appeal, the disqualification is re-imposed 7 days after the intimation of this decision. THIS DECISION IS FINAL.

If leave to appeal is granted at either the first or second review, your appeal will be enrolled for a hearing in the Appeal Court.

Appeal successful

If your appeal is successful, the period of disqualification may be quashed. This decision will be intimated to the sentencing court for intimation to the appropriate authorities, including DVLA. Alternatively, your appeal may be allowed to the extent of reducing the period of disqualification. In that event, the disqualification will be re-imposed immediately following the decision.

Appeal unsuccessful

If your appeal is unsuccessful, the disqualification will be re-imposed immediately following the decision.

Driving before determination of appeal and while disqualified

The penalties for driving while disqualified are severe. Imprisonment, not exceeding 6 months in summary procedure and 12 months on indictment, and/or a fine, not exceeding (currently) £5,000. A further period of disqualification may be imposed, the length of which is discretionary. Endorsement of your driving licence is obligatory, and up to 6 penalty points will be endorsed on your licence.

The court also has the power to order the forfeiture of the vehicle in addition to any other penalty it may impose.

Further information

Further information may be obtained from the clerk of the court which imposed the original sentence. If you are in doubt whether the disqualification is in force or not, you should contact that office before driving.

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