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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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| | (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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| | Consequential amendments to the Armed Forces Act 2006 |
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| To move the following Clause:— |
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| | ‘(1) | Section 182 of the Armed Forces Act 2006 (general provisions about overseas |
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| | community orders) is amended as follows. |
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| | (2) | In subsection (1)(a) (requirements that may be imposed by overseas community |
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| | orders), after “Act)” insert “(but see subsection (1A) below)”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | The order may not include a requirement mentioned in section 177(1)(ga) |
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| | (a foreign travel prohibition requirement).” |
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| | (4) | In subsection (4) (application of section 177(5) and (6) of the Criminal Justice Act |
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| | 2003 to overseas community orders), after “(5)” insert “, (5A), (5B)”. |
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| | (5) | In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of service |
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| | community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal |
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| | Justice Act 2003 that do not apply to such orders), after “18(4),” insert “19A(5),”. |
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| | (6) | In Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas |
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| | community orders), in paragraph 10(2) (provisions of Schedule 8 to the Criminal |
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| | Justice Act 2003 that do not apply to such orders), after “19,” insert “19A(5),”. |
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| | (7) | In Schedule 6 to that Act (overseas community orders imposed on young |
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| | offenders), in paragraph 5 (modification of drug rehabilitation requirement in |
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| | relation to such offenders), omit sub-paragraph (4) (which disapplies section |
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| | 209(3) of the Criminal Justice Act 2003).’. |
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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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| | (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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| | Maximum and minimum sentences |
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| To move the following Clause:— |
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| | ‘(1) | When sentencing a person to serve a sentence of imprisonment for a determinate |
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| | term the court shall state the maximum time that shall be served. |
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| | (2) | When sentencing a person to serve a sentence of imprisonment for a determinate |
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| | term the court shall state the minimum time that shall be served. |
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| | (3) | When sentencing a person to serve a sentence of imprisonment for a determinate |
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| | term the court shall state the minimum term must be less than half the maximum |
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| | sentence but no less than one-third of that sentence. |
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| | (4) | In determining the maximum and minimum sentence the court shall have regard |
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| | to the seriousness of the offence. |
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| | (5) | When sentencing a person to serve a sentence of imprisonment for a determinate |
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| | term the court may request a pre-sentence report from a suitably qualified |
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| | employee of the relevant Probation Trust. |
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| | (6) | In this Act “a sentence of imprisonment for a determinate term” covers the types |
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| | of sentence listed under section 237(1)(a) and (b) of the Criminal Justice Act |
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| | Establishment of a Compensation Fund |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall establish a fund for compensation.’. |
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| | Functions of the Compensation Fund |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall make regulations for the functioning of a |
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| | Duty to consider dependents when sentencing |
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| To move the following Clause:— |
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| | ‘A court passing sentence on an offender has the duty to consider the impact of |
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| | the sentence on any child or other dependent in the care of the offender where the |
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| | (a) | a custodial sentence, |
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| | Sentencing law relating to extended supervision |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 2003 is amended as follows. |
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| | (2) | After section 227 (2)(b) insert— |
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| | “(c) | In determining whether to impose extended supervision a court |
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| | shall have regard to the seriousness of the original offence, any |
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| | psychological or psychiatric assessment that is carried out |
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| | following the commission of the original offence and any |
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| | subsequent psychological or psychiatric assessments and the |
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| | likelihood of the person being involved in further similar serious |
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| | Sentencing law relating to early release of those serving determinate sentences |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 2003 is amended as follows. |
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| | (2) | After section 227 (2)(b) insert— |
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| | “(e) | Before releasing a person sentenced to a period of imprisonment |
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| | of four years or more the Parole Board must be satisfied that the |
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| | individual is considered low risk of harm to the public and low |
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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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| | 1 | 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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| | 2 | The Road Traffic Offenders Act 1988 is amended as follows. |
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| | 3 | 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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| | 4 (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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| | (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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| | 5 | 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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| | 6 | 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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| | 7 | 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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| | 8 | 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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| | 9 | 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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| | 10 | In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act |
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| | 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)”. |
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| | Armed Forces Act 2006 (c. 52) |
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| | 11 | 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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| | Crediting of time in custody: Armed Forces amendments |
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| | 1 | The Armed Forces Act 2006 is amended as follows. |
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| | 2 | In section 246 (crediting of time in service custody: terms of imprisonment and |
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| | detention), for subsections (2) to (5) substitute— |
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| | “(2) | The number of days for which the offender was kept in service custody |
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| | in connection with the offence in question or any related offence since |
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| | being so charged is to count as time served by the offender as part of |
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| | | But this is subject to subsections (2A) to (2C). |
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| | (2A) | If, on any day on which the offender was kept in service custody, the |
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| | offender was also detained in connection with any other matter, that |
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| | day is not to count as time served. |
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| | (2B) | A day counts as time served— |
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| | (a) | in relation to only one sentence, and |
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| | (b) | only once in relation to that sentence. |
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| | (2C) | A day is not to count as time served as part of any period of 28 days |
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| | served by the offender before automatic release (see section 255B(1) |
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| | 3 (1) | Section 247 (crediting of time in service custody: supplementary) is amended |
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