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| |
| |
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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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| | “(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— |
|
| | “(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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| | |
| | (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 |
|
| | 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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|
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| |
| |
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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 |
|
| | |
| | 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 |
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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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| | Schedule, as amended, Agreed to. |
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| |
| |
| | Consequential amendments to the Armed Forces Act 2006 |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(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 |
|
| | 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 |
|
| | 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 |
|
| | community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal |
|
| | 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 |
|
| | community orders), in paragraph 10(2) (provisions of Schedule 8 to the Criminal |
|
| | Justice Act 2003 that do not apply to such orders), after “19,” insert “19A(5),”. |
|
| | (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 |
|
| |
| | |
| 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 |
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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 |
|
| | place is guilty of an offence. |
|
| | (2) | In this section “serious injury” means— |
|
| | (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.” |
|
| | (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— |
|
|
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | When sentencing a person to serve a sentence of imprisonment for a determinate |
|
| | 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 |
|
| | 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 |
|
| | term the court shall state the minimum term must be less than half the maximum |
|
| | sentence but no less than one-third of that sentence. |
|
| | (4) | In determining the maximum and minimum sentence the court shall have regard |
|
| | to the seriousness of the offence. |
|
| | (5) | When sentencing a person to serve a sentence of imprisonment for a determinate |
|
| | term the court may request a pre-sentence report from a suitably qualified |
|
| | employee of the relevant Probation Trust. |
|
| | (6) | In this Act “a sentence of imprisonment for a determinate term” covers the types |
|
| | of sentence listed under section 237(1)(a) and (b) of the Criminal Justice Act |
|
| | |
| |
| | Establishment of a Compensation Fund |
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| |
| | |
| To move the following Clause:— |
|
| | ‘The Secretary of State shall establish a fund for compensation.’. |
|
| |
| | Functions of the Compensation Fund |
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| |
| | |
| To move the following Clause:— |
|
| | ‘The Secretary of State shall make regulations for the functioning of a |
|
| | |
| |
|
|
| |
| |
|
| | Duty to consider dependents when sentencing |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘A court passing sentence on an offender has the duty to consider the impact of |
|
| | the sentence on any child or other dependent in the care of the offender where the |
|
| | |
| | (a) | a custodial sentence, |
|
| | |
| | |
| |
| | Sentencing law relating to extended supervision |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Criminal Justice Act 2003 is amended as follows. |
|
| | (2) | After section 227 (2)(b) insert— |
|
| | “(c) | In determining whether to impose extended supervision a court |
|
| | shall have regard to the seriousness of the original offence, any |
|
| | psychological or psychiatric assessment that is carried out |
|
| | following the commission of the original offence and any |
|
| | subsequent psychological or psychiatric assessments and the |
|
| | likelihood of the person being involved in further similar serious |
|
| | |
| |
| | Sentencing law relating to early release of those serving determinate sentences |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Criminal Justice Act 2003 is amended as follows. |
|
| | (2) | After section 227 (2)(b) insert— |
|
| | “(e) | Before releasing a person sentenced to a period of imprisonment |
|
| | of four years or more the Parole Board must be satisfied that the |
|
| | individual is considered low risk of harm to the public and low |
|
| | |
| |
|
|
| |
| |
|
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Causing serious injury by dangerous driving |
|
| | Road Traffic Act 1988 (c. 52) |
|
| | 1 | 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) |
|
| | 2 | The Road Traffic Offenders Act 1988 is amended as follows. |
|
| | 3 | 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),”. |
|
| | 4 (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),”. |
|
| | (3) | In the table in subsection (1) in the appropriate place insert— |
|
| “Section 1A (causing serious |
| Section 2 (dangerous driving) |
| | | | injury by dangerous driving) |
| | | | | | | | | | | inconsiderate, driving)”. |
| | |
|
| | 5 | 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”. |
|
| | 6 | In section 36(2)(b) (disqualification until test is passed) after “(causing death |
|
| | by dangerous driving)” insert “, section 1A (causing serious injury by |
|
| | |
| | 7 | 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”. |
|
| | 8 | 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”. |
|
| | 9 | 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 |
|
| | |
|