The offence
Section 103 of the Road Traffic Act 1988 makes it an offence to drive a motor vehicle while disqualified. The offence is committed where you drive during a period of disqualification imposed by a court. The fact that you knew of the disqualification is not a separate element of the offence, though it is relevant to mitigation.
How cases arise
Allegations often arise from routine police stops, ANPR alerts, or accidents. The police have powers to seize the vehicle. Being caught can also trigger proceedings to extend the original disqualification.
Defences and sentencing
Defences include a genuine belief, on reasonable grounds, that the disqualification had ended, or that you were not in fact disqualified at the material time. The court can impose imprisonment and a fine, and will almost always extend the period of disqualification.
Frequently asked questions
Yes. It is a triable either-way offence, and custody is a real possibility, particularly where there are previous similar convictions or other aggravating factors.
Almost certainly. Where the court finds the offence proved, it will normally extend the period of disqualification.
Yes. The police have powers to seize a vehicle being driven by a person they suspect of being disqualified.
Knowledge is not a defence to the charge itself, but a genuine and reasonable belief that the disqualification had ended can be relevant to mitigation and to whether the court extends the ban.