Where its less clear cut, is if your daughters driving licence was revoked for a period of time within the probation period by the court, as alternatve punishment instead of points (or less than 6) on her licence, she may well not need to retake the tests. There are exceptional circumstances where this may apply.
It seems to be quite clear Bans/Disqualifications over 56 days requires you to reapply for your licence. So you can only get a driving ban from either a driving conviction, or an accumulation of 12 points. I think both lead to a court appearance. I‘m excluding anything to do with surrendering your licence for other reasons. Applying for a new licence after disqualification for a new driver within the first 2 years results in a provisional licence and requiring to pass both the theory and practical tests again. That’s the way the government have wrote it. A court cannot override this process, due to not specifically mentioning it. I don’t mind being corrected if I’m wrong. But that’s the only way I can read it.
Looking on motoring solictors websites early today (luckily I still had what I copied to clipboard), this seems to be the case on exceptional grounds
In general:
If you are banned within the 2 year probation period by the court, you may face automatic revocation of your driving license if you accumulate 6 or more penalty points during this time.
However, the court can impose disqualification instead of points, which may allow you to avoid the revocation process. If you are charged with a motoring offence during your probation period, the court has the discretion to disqualify you rather than impose points, which could prevent the revocation of your license.
drrivingban.co.uk:
“How do I avoid revocation of my driving licence?
Whilst revocation is automatic if you reach 6 points, if you can prevent points being endorsed, you can avoid revocation. Consequently, for offences where there is a range of penalty points, it may be possible to ensure that the punishment does not take you to 6 or more. In other cases, it may be more practical to obtain a short period of disqualification instead of penalty points. Although to achieve this, you will have to attend Court, if you can convince the Court to impose a punishment that avoids penalty points, you will avoid revocation.
It is important to understand that whilst the Court has no discretion on whether revocation is imposed should you reach 6 points, it does have discretion on the whether you should receive points, and in some circumstances the number of points, all of which effect the possibility of avoiding revocation. The issues require technical knowledge of the law, so you should seek legal advice if you chose to go to Court.”
Hadi law:
“Does the court have any discretion to save my licence?
No, the court cannot prevent DVLA revocation once six points are endorsed. However, a solicitor may argue for a short disqualification instead of poinst*, which avoids triggering revocation.”
Similar wording to this effect appears on motoring solicitors pages, but for this case, I would just be repeating, I think.
As for the 56 dayer ban:
Under the New Drivers Act, a driving ban of 56 days or more does not automatically apply during the probation period. However, if a driver has been disqualified for 56 days or more, they must apply for a new licence before driving again. This applies to all drivers, not just those under the New Drivers Act. The court will inform the driver if they need to do this. Applying for a new licence doesn’t automatically require you to retests however, you might also have to retake your driving test or take an extended driving test before getting your full licence depending on the offence. The court will tell you if you have to do this.
The court has discretion over this, than it does with drivers in their probationary period.