Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Licence definition

What does Licence mean? A licence is permission, granted by contract or law, to do something that would otherwise be unlawful, without creating a proprietary interest. In practice, lawyers most often see: licences over land (a personal, usually non‑assignable permission—often a contractual licence—to occupy or use property, distinguished in case law from a lease and generally revocable subject to contract and proprietary estoppel); intellectual property licences (permission to use copyright, trade marks or patents on agreed terms); and regulatory licences. Regulatory use varies across the UK and Ireland. In England and Wales, the Legal Services Act 2007 requires an Alternative Business Structure (ABS) to hold...

Driving or Obtaining a Licence While Disqualified under the Road Traffic Act 1988: Elements, Proof, Defences and Sentencing (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

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The offences

The Road Traffic Act 1988 (RTA 1988) sets out two specific offences:

securing a driving licence whilst disqualified; and
driving a motor vehicle on a road whilst disqualified.

A uniformed constable may, without a warrant, arrest any person found driving on a road where there is reasonable cause to suspect they are disqualified.

What the prosecution has to prove

To establish either offence, the prosecution must prove the accused did one of the following:

obtained a licence whilst disqualified from holding or obtaining one; or
drove a motor vehicle on a road whilst disqualified from holding or obtaining a licence.

A licence procured during a period of disqualification is not valid. Consequently, an accused could also face an allegation of driving otherwise than in accordance with a licence. For this offence, being merely in charge is insufficient; the defendant must be driving...

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Alex McHugh

Pump Court Chambers

Alex McHugh joined Pump Court Chambers following successful completion of his pupillage. His key areas of practice are criminal defence, family, and landlord & tenant disputes. Prior to joining Chambers, Alex worked as a paralegal for a number of years at a Legal 500 firm in London. Two of those years were spent in crime under the stewardship of extremely experienced senior partners. Alex helped manage cases from beginning to end and represented all manner of clients in respect of a full range of alleged offences. As counsel, Alex defends his clients throughout every stage of proceedings. Alex accepts private and, where applicable, publicly funded briefs on road traffic offences, and has experience in representing clients in relation to speeding, drinking driving, “totting up”, and causing injury by dangerous driving offences. Alex predominantly works across the Western Circuit, London, and the South East. ...

Web page updated on 21/05/2026

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