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Notices of Amendments: 6 October 2011                  

212

 

Legal Aid, Sentencing and Punishment of , continued

 
 

“26A      

An offence under section 139AA of that Act (threatening with

 

article with blade or point or offensive weapon).”

 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

 

2B         

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

 

2C         

In section 12(1) (absolute and conditional discharge) for “section 51A(2) of the

 

Firearms Act 1968” substitute “section 1A(6) of the Prevention of Crime Act

 

1953, section 51A(2) of the Firearms Act 1968, section 139AA(9) of the

 

Criminal Justice Act 1988”.

 

2D         

In section 130(2) (compensation orders against convicted persons) for “section

 

51A(2) of the Firearms Act 1968” substitute “section 1A(6) of the Prevention

 

of Crime Act 1953, section 51A(2) of the Firearms Act 1968, section

 

139AA(9) of the Criminal Justice Act 1988”.

 

2E         

In section 146(2) (driving disqualification for any offence) for “section 51A(2)

 

of the Firearms Act 1968” substitute “section 1A(6) of the Prevention of Crime

 

Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(9) of the

 

Criminal Justice Act 1988”.

 

2F  (1)  

Section 164(3) (further interpretative provisions) is amended as follows.

 

      (2)  

After paragraph (a) insert—

 

“(aa)    

under section 1A(6) of the Prevention of Crime Act 1953,”.

 

      (3)  

After paragraph (b) insert—

 

“(ba)    

under section 139AA(9) of the Criminal Justice Act 1988,”.’.

 

Mr Jonathan Djanogly

 

402

 

Schedule  16,  page  186,  line  25,  at end insert—

 

‘2G      

The Criminal Justice Act 2003 is amended as follows.

 

2H  (1)  

Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is

 

amended as follows.

 

      (2)  

After “falls to be imposed” insert “under section 1A(6) of the Prevention of

 

Crime Act 1953 (minimum sentence for offence of threatening with offensive

 

weapon in public),”.

 

      (3)  

After “firearms offences),” insert “under section 139AA(9) of the Criminal

 

Justice Act 1988 (minimum sentence for offence of threatening with article

 

with blade or point or offensive weapon),”.’.

 

Mr Jonathan Djanogly

 

403

 

Schedule  16,  page  186,  line  26,  leave out ‘of the Criminal Justice Act 2003’.

 

Mr Jonathan Djanogly

 

404

 

Schedule  16,  page  187,  line  2,  at end insert—

 

‘3A(1)  

Section 150 (community sentence not available where sentence fixed by law

 

etc) is amended as follows.

 

      (2)  

After paragraph (a) insert—

 

“(aa)    

falls to be imposed under section 1A(6) of the Prevention of

 

Crime Act 1953 (minimum sentence for offence of

 

threatening with offensive weapon in public),”.

 

      (3)  

After paragraph (b) insert—


 
 

Notices of Amendments: 6 October 2011                  

213

 

Legal Aid, Sentencing and Punishment of , continued

 
 

“(ba)    

falls to be imposed under section 139AA(9) of the Criminal

 

Justice Act 1988 (minimum sentence for offence of

 

threatening with article with blade or point or offensive

 

weapon),”.

 

3B         

In section 152(1)(b) (general restrictions on imposing discretionary custodial

 

sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27),”

 

substitute “under section 1A(6) of the Prevention of Crime Act 1953, under

 

section 51A(2) of the Firearms Act 1968, under section 139AA(9) of the

 

Criminal Justice Act 1988,”.

 

3C         

In section 153(2) (length of discretionary custodial sentences: general

 

provision) for “section 51A(2) of the Firearms Act 1968 (c. 27),” substitute

 

“section 1A(6) of the Prevention of Crime Act 1953, section 51A(2) of the

 

Firearms Act 1968, section 139AA(9) of the Criminal Justice Act 1988,”.

 

3D  (1)  

Section 305(4) (interpretation of Part 12) is amended as follows.

 

      (2)  

Before paragraph (a) insert—

 

“(za)    

a sentence falls to be imposed under subsection (6) of section

 

1A of the Prevention of Crime Act 1953 if it is required by that

 

subsection and the court is not of the opinion there

 

mentioned,”.

 

      (3)  

After paragraph (a) insert—

 

“(aa)    

a sentence falls to be imposed under subsection (9) of section

 

139AA of the Criminal Justice Act 1988 if it is required by

 

that subsection and the court is not of the opinion there

 

mentioned,”.

 

Armed Forces Act 2006 (c. 52)

 

3E         

The Armed Forces Act 2006 is amended as follows.

 

3F         

After section 227 (firearms offences) insert—

 

“227A

Offences of threatening with a weapon in public or on school premises

 

(1)    

This section applies if—

 

(a)    

a person aged 18 or over is convicted by a court of an offence

 

under section 42 (criminal conduct); and

 

(b)    

the corresponding offence under the law of England and

 

Wales is an offence under section 1A of the Prevention of

 

Crime Act 1953 or section 139AA of the Criminal Justice Act

 

1988 (threatening with article with blade or point or offensive

 

weapon in public or on school premises).

 

(2)    

The court must impose a sentence of imprisonment for a term of at

 

least 6 months unless the court is of the opinion that there are

 

particular circumstances which—

 

(a)    

relate to the offence or to the offender, and

 

(b)    

would make it unjust to do so in all the circumstances.

 

(3)    

In relation to times before the coming into force of section 61 of the

 

Criminal Justice and Court Services Act 2000, the reference in

 

subsection (2) to a sentence of imprisonment, in relation to an offender

 

aged under 21 at the time of conviction, is to be read as a reference to

 

a sentence of detention in a young offender institution.”

 

3G         

In section 237(3) (duty to have regard to purposes of sentencing etc) after

 

paragraph (b) insert “;


 
 

Notices of Amendments: 6 October 2011                  

214

 

Legal Aid, Sentencing and Punishment of , continued

 
 

(c)    

an offence the sentence for which falls to be imposed under

 

section 227A(2).”

 

3H         

In section 239 (reduction in sentences for guilty pleas) at the end insert—

 

“(6)    

Nothing in section 227A(2) prevents the court, after taking into

 

account any matter mentioned in subsection (2) of this section, from

 

imposing any sentence which is at least 80% of that specified in

 

section 227A(2).”

 

3I         

In section 260(1)(b) (discretionary custodial sentences: general restrictions)

 

for “227” substitute “227A”.

 

3J         

In section 261(3) (length of discretionary custodial sentences: general

 

provision) for “and 227” substitute “, 227 and 227A”.

 

3K         

In section 273(6)(b) (review of unduly lenient sentence by Court Martial

 

Appeal Court) for “or 227” substitute “, 227 or 227A”.

 

3L  (1)  

Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.

 

      (2)  

After sub-paragraph (r) insert—

 

“(ra)    

an offence under section 1A of the Prevention of Crime Act

 

1953 (threatening with weapon in public);”.

 

      (3)  

In paragraph (ai)—

 

(a)    

after “134” insert “, 139AA”;

 

(b)    

after “torture,” insert “threatening with article with blade or point or

 

offensive weapon,”.

 

Coroners and Justice Act 2009 (c. 25)

 

3M  (1)  

Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:

 

duty of court) is amended as follows.

 

      (2)  

After paragraph (e) insert—

 

“(ea)    

section 1A(6) of the Prevention of Crime Act 1953 (minimum

 

sentence for offence of threatening with offensive weapon in

 

public);”.

 

      (3)  

After paragraph (f) insert—

 

“(fa)    

section 139AA(9) of the Criminal Justice Act 1988 (minimum

 

sentence for offence of threatening with article with blade or

 

point or offensive weapon);”.’.

 


 

Causing serious injury by dangerous driving

 

Mr Jonathan Djanogly

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Road Traffic Act 1988 is amended as follows.

 

(2)    

After section 1 insert—

 

“1A    

Causing serious injury by dangerous driving

 

(1)    

A person who causes serious injury to another person by driving a

 

mechanically propelled vehicle dangerously on a road or other public

 

place is guilty of an offence.


 
 

Notices of Amendments: 6 October 2011                  

215

 

Legal Aid, Sentencing and Punishment of , continued

 
 

(2)    

In this section “serious injury” means—

 

(a)    

in England and Wales, physical harm which amounts to grievous

 

bodily harm for the purposes of the Offences against the Person

 

Act 1861, and

 

(b)    

in Scotland, severe physical injury.”

 

(3)    

In section 2A (meaning of dangerous driving) in subsections (1) and (2) after

 

“sections 1” insert “, 1A”.

 

(4)    

Section 1A inserted by subsection (2) has effect only in relation to driving

 

occurring after that subsection comes into force.

 

(5)    

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and

 

punishment of offences under the Traffic Acts) in the appropriate place insert—

 

“RTA

Causing

(a)

(a)                

Obligatory.

Obligatory.

3-11.”

 
 

section 1A

serious

Summarily.

12 months or

    
  

injury by

 

the statutory

    
  

dangerous

 

maximum or

    
  

driving.

 

both.

    
   

(b) On

(b)                

    
   

indictment.

5 years or a

    
    

fine or both.

    
 

(6)    

In the entry inserted by subsection (5), in relation to an offence committed before

 

the commencement of section 154(1) of the Criminal Justice Act 2003 “12

 

months” is to be read as “6 months (in England and Wales) or 12 months (in

 

Scotland)”.

 

(7)    

Schedule [Causing serious injury by dangerous driving] (causing serious injury

 

by dangerous driving) has effect.’.

 


 

Mr Jonathan Djanogly

 

NS1

 

To move the following Schedule:—

 

‘Causing serious injury by dangerous driving

 

Road Traffic Act 1988 (c. 52)

 

4          

In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to

 

3 for authorised motoring events) after “sections 1,” insert “1A,”.

 

Road Traffic Offenders Act 1988 (c. 53)

 

5          

The Road Traffic Offenders Act 1988 is amended as follows.

 

6          

In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert—

 

“(aa)    

an offence under section 1A of that Act (causing serious

 

injury by dangerous driving),”.

 

7    (1)  

Section 24 (alternative verdicts: general) is amended as follows.

 

      (2)  

In subsection (A2) after paragraph (a) insert—

 

“(aa)    

an offence under section 1A of that Act (causing serious

 

injury by dangerous driving),”.


 
 

Notices of Amendments: 6 October 2011                  

216

 

Legal Aid, Sentencing and Punishment of , continued

 
 

      (3)  

In the table in subsection (1) in the appropriate place insert—

 

“Section 1A (causing serious

Section 2 (dangerous driving)

 
 

injury by dangerous driving)

  
  

Section 3 (careless, and

 
  

inconsiderate, driving)”.

 
 

8          

In section 34(4) (disqualification for certain offences) after paragraph (a)(ii)

 

and the “or” after it insert—

 

“(iia)    

an offence under section 1A of that Act (causing

 

serious injury by dangerous driving), or”.

 

9          

In section 36(2)(b) (disqualification until test is passed) after “(causing death

 

by dangerous driving)” insert “, section 1A (causing serious injury by

 

dangerous driving)”.

 

10         

In section 45(6) (effect of endorsement of counterparts) (until its repeal by the

 

Road Safety Act 2006 comes into force)—

 

(a)    

after “section 1” insert “, 1A”;

 

(b)    

after “causing death by dangerous driving” insert “, causing serious

 

injury by dangerous driving”.

 

11         

In section 45A(4) (effect of endorsement of driving records) as substituted by

 

the Road Safety Act 2006—

 

(a)    

after “section 1” insert “, 1A”;

 

(b)    

after “causing death by dangerous driving” insert “, causing serious

 

injury by dangerous driving”.

 

12         

In the table in Schedule 1 (application of provisions including sections 11 and

 

12(1): evidence as to driver and proof of identity) in the appropriate place

 

insert—

 

“RTA section 1A

Causing serious injury by

Sections 11 and

 
  

dangerous driving.

12(1) of this Act.”

 
 

Crime (International Co-operation) Act 2003 (c. 32)

 

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

 

disqualification of a non-UK resident) after sub-paragraph (a) insert—

 

“(aa)    

section 1A (causing serious injury by dangerous driving)”.

 

Armed Forces Act 2006 (c. 52)

 

14         

In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2

 

offences”)—

 

(a)    

after “section 1,” insert “1A,”;

 

(b)    

after “causing death by dangerous driving,” insert “causing serious

 

injury by dangerous driving,”.’.

 

Mr Jonathan Djanogly

 

NS2

 

To move the following Schedule:—


 
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