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| |
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| | “26A | An offence under section 139AA of that Act (threatening with |
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| | article with blade or point or offensive weapon).” |
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| | Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
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| | 2B | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. |
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| | 2C | In section 12(1) (absolute and conditional discharge) for “section 51A(2) of the |
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| | Firearms Act 1968” substitute “section 1A(6) of the Prevention of Crime Act |
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| | 1953, section 51A(2) of the Firearms Act 1968, section 139AA(9) of the |
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| | Criminal Justice Act 1988”. |
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| | 2D | In section 130(2) (compensation orders against convicted persons) for “section |
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| | 51A(2) of the Firearms Act 1968” substitute “section 1A(6) of the Prevention |
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| | of Crime Act 1953, section 51A(2) of the Firearms Act 1968, section |
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| | 139AA(9) of the Criminal Justice Act 1988”. |
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| | 2E | In section 146(2) (driving disqualification for any offence) for “section 51A(2) |
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| | of the Firearms Act 1968” substitute “section 1A(6) of the Prevention of Crime |
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| | Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(9) of the |
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| | Criminal Justice Act 1988”. |
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| | 2F (1) | Section 164(3) (further interpretative provisions) is amended as follows. |
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| | (2) | After paragraph (a) insert— |
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| | “(aa) | under section 1A(6) of the Prevention of Crime Act 1953,”. |
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| | (3) | After paragraph (b) insert— |
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| | “(ba) | under section 139AA(9) of the Criminal Justice Act 1988,”.’. |
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| |
| | |
| Schedule 16, page 186, line 25, at end insert— |
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| | ‘2G | The Criminal Justice Act 2003 is amended as follows. |
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| | 2H (1) | Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is |
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| | |
| | (2) | After “falls to be imposed” insert “under section 1A(6) of the Prevention of |
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| | Crime Act 1953 (minimum sentence for offence of threatening with offensive |
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| | |
| | (3) | After “firearms offences),” insert “under section 139AA(9) of the Criminal |
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| | Justice Act 1988 (minimum sentence for offence of threatening with article |
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| | with blade or point or offensive weapon),”.’. |
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| |
| | |
| Schedule 16, page 186, line 26, leave out ‘of the Criminal Justice Act 2003’. |
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| |
| | |
| Schedule 16, page 187, line 2, at end insert— |
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| | ‘3A(1) | Section 150 (community sentence not available where sentence fixed by law |
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| | etc) is amended as follows. |
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| | (2) | After paragraph (a) insert— |
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| | “(aa) | falls to be imposed under section 1A(6) of the Prevention of |
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| | Crime Act 1953 (minimum sentence for offence of |
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| | threatening with offensive weapon in public),”. |
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| | (3) | After paragraph (b) insert— |
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| |
| |
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| | “(ba) | falls to be imposed under section 139AA(9) of the Criminal |
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| | Justice Act 1988 (minimum sentence for offence of |
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| | threatening with article with blade or point or offensive |
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| | |
| | 3B | In section 152(1)(b) (general restrictions on imposing discretionary custodial |
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| | sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27),” |
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| | substitute “under section 1A(6) of the Prevention of Crime Act 1953, under |
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| | section 51A(2) of the Firearms Act 1968, under section 139AA(9) of the |
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| | Criminal Justice Act 1988,”. |
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| | 3C | In section 153(2) (length of discretionary custodial sentences: general |
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| | provision) for “section 51A(2) of the Firearms Act 1968 (c. 27),” substitute |
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| | “section 1A(6) of the Prevention of Crime Act 1953, section 51A(2) of the |
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| | Firearms Act 1968, section 139AA(9) of the Criminal Justice Act 1988,”. |
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| | 3D (1) | Section 305(4) (interpretation of Part 12) is amended as follows. |
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| | (2) | Before paragraph (a) insert— |
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| | “(za) | a sentence falls to be imposed under subsection (6) of section |
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| | 1A of the Prevention of Crime Act 1953 if it is required by that |
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| | subsection and the court is not of the opinion there |
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| | |
| | (3) | After paragraph (a) insert— |
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| | “(aa) | a sentence falls to be imposed under subsection (9) of section |
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| | 139AA of the Criminal Justice Act 1988 if it is required by |
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| | that subsection and the court is not of the opinion there |
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| | |
| | Armed Forces Act 2006 (c. 52) |
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| | 3E | The Armed Forces Act 2006 is amended as follows. |
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| | 3F | After section 227 (firearms offences) insert— |
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| | “227A | Offences of threatening with a weapon in public or on school premises |
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| | (1) | This section applies if— |
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| | (a) | a person aged 18 or over is convicted by a court of an offence |
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| | under section 42 (criminal conduct); and |
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| | (b) | the corresponding offence under the law of England and |
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| | Wales is an offence under section 1A of the Prevention of |
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| | Crime Act 1953 or section 139AA of the Criminal Justice Act |
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| | 1988 (threatening with article with blade or point or offensive |
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| | weapon in public or on school premises). |
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| | (2) | The court must impose a sentence of imprisonment for a term of at |
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| | least 6 months unless the court is of the opinion that there are |
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| | particular circumstances which— |
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| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (3) | In relation to times before the coming into force of section 61 of the |
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| | Criminal Justice and Court Services Act 2000, the reference in |
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| | subsection (2) to a sentence of imprisonment, in relation to an offender |
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| | aged under 21 at the time of conviction, is to be read as a reference to |
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| | a sentence of detention in a young offender institution.” |
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| | 3G | In section 237(3) (duty to have regard to purposes of sentencing etc) after |
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| | |
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| |
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| | (c) | an offence the sentence for which falls to be imposed under |
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| | |
| | 3H | In section 239 (reduction in sentences for guilty pleas) at the end insert— |
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| | “(6) | Nothing in section 227A(2) prevents the court, after taking into |
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| | account any matter mentioned in subsection (2) of this section, from |
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| | imposing any sentence which is at least 80% of that specified in |
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| | |
| | 3I | In section 260(1)(b) (discretionary custodial sentences: general restrictions) |
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| | for “227” substitute “227A”. |
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| | 3J | In section 261(3) (length of discretionary custodial sentences: general |
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| | provision) for “and 227” substitute “, 227 and 227A”. |
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| | 3K | In section 273(6)(b) (review of unduly lenient sentence by Court Martial |
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| | Appeal Court) for “or 227” substitute “, 227 or 227A”. |
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| | 3L (1) | Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows. |
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| | (2) | After sub-paragraph (r) insert— |
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| | “(ra) | an offence under section 1A of the Prevention of Crime Act |
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| | 1953 (threatening with weapon in public);”. |
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| | |
| | (a) | after “134” insert “, 139AA”; |
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| | (b) | after “torture,” insert “threatening with article with blade or point or |
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| | |
| | Coroners and Justice Act 2009 (c. 25) |
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| | 3M (1) | Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines: |
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| | duty of court) is amended as follows. |
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| | (2) | After paragraph (e) insert— |
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| | “(ea) | section 1A(6) of the Prevention of Crime Act 1953 (minimum |
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| | sentence for offence of threatening with offensive weapon in |
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| | |
| | (3) | After paragraph (f) insert— |
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| | “(fa) | section 139AA(9) of the Criminal Justice Act 1988 (minimum |
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| | sentence for offence of threatening with article with blade or |
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| | point or offensive weapon);”.’. |
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| |
| | Causing serious injury by dangerous driving |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Road Traffic Act 1988 is amended as follows. |
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| | (2) | After section 1 insert— |
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| | “1A | Causing serious injury by dangerous driving |
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| | (1) | A person who causes serious injury to another person by driving a |
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| | mechanically propelled vehicle dangerously on a road or other public |
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| | place is guilty of an offence. |
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| |
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| | (2) | In this section “serious injury” means— |
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| | (a) | in England and Wales, physical harm which amounts to grievous |
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| | bodily harm for the purposes of the Offences against the Person |
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| | |
| | (b) | in Scotland, severe physical injury.” |
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| | (3) | In section 2A (meaning of dangerous driving) in subsections (1) and (2) after |
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| | “sections 1” insert “, 1A”. |
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| | (4) | Section 1A inserted by subsection (2) has effect only in relation to driving |
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| | occurring after that subsection comes into force. |
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| | (5) | In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and |
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| | punishment of offences under the Traffic Acts) in the appropriate place insert— |
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| | (6) | In the entry inserted by subsection (5), in relation to an offence committed before |
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| | the commencement of section 154(1) of the Criminal Justice Act 2003 “12 |
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| | months” is to be read as “6 months (in England and Wales) or 12 months (in |
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| | |
| | (7) | Schedule [Causing serious injury by dangerous driving] (causing serious injury |
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| | by dangerous driving) has effect.’. |
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| |
| |
| | |
| To move the following Schedule:— |
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| | ‘Causing serious injury by dangerous driving |
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| | Road Traffic Act 1988 (c. 52) |
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| | 4 | In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to |
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| | 3 for authorised motoring events) after “sections 1,” insert “1A,”. |
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| | Road Traffic Offenders Act 1988 (c. 53) |
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| | 5 | The Road Traffic Offenders Act 1988 is amended as follows. |
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| | 6 | In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert— |
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| | “(aa) | an offence under section 1A of that Act (causing serious |
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| | injury by dangerous driving),”. |
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| | 7 (1) | Section 24 (alternative verdicts: general) is amended as follows. |
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| | (2) | In subsection (A2) after paragraph (a) insert— |
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| | “(aa) | an offence under section 1A of that Act (causing serious |
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| | injury by dangerous driving),”. |
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| |
| |
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| | (3) | In the table in subsection (1) in the appropriate place insert— |
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| “Section 1A (causing serious |
| Section 2 (dangerous driving) |
| | | | injury by dangerous driving) |
| | | | | | | | | | | inconsiderate, driving)”. |
| | |
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| | 8 | In section 34(4) (disqualification for certain offences) after paragraph (a)(ii) |
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| | and the “or” after it insert— |
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| | “(iia) | an offence under section 1A of that Act (causing |
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| | serious injury by dangerous driving), or”. |
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| | 9 | In section 36(2)(b) (disqualification until test is passed) after “(causing death |
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| | by dangerous driving)” insert “, section 1A (causing serious injury by |
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| | |
| | 10 | In section 45(6) (effect of endorsement of counterparts) (until its repeal by the |
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| | Road Safety Act 2006 comes into force)— |
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| | (a) | after “section 1” insert “, 1A”; |
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| | (b) | after “causing death by dangerous driving” insert “, causing serious |
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| | injury by dangerous driving”. |
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| | 11 | In section 45A(4) (effect of endorsement of driving records) as substituted by |
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| | the Road Safety Act 2006— |
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| | (a) | after “section 1” insert “, 1A”; |
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| | (b) | after “causing death by dangerous driving” insert “, causing serious |
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| | injury by dangerous driving”. |
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| | 12 | In the table in Schedule 1 (application of provisions including sections 11 and |
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| | 12(1): evidence as to driver and proof of identity) in the appropriate place |
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| | |
| | Causing serious injury by |
| | | | | | | | | |
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| | Crime (International Co-operation) Act 2003 (c. 32) |
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| | 13 | In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act |
|
| | 2003 (application of duty to give notice to foreign authorities of driving |
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| | disqualification of a non-UK resident) after sub-paragraph (a) insert— |
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| | “(aa) | section 1A (causing serious injury by dangerous driving)”. |
|
| | Armed Forces Act 2006 (c. 52) |
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| | 14 | In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 |
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| | |
| | (a) | after “section 1,” insert “1A,”; |
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| | (b) | after “causing death by dangerous driving,” insert “causing serious |
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| | injury by dangerous driving,”.’. |
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| |
| | |
| To move the following Schedule:— |
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|