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Public Bill Committee Proceedings: 13 October 2011        

87

 

Legal Aid, Sentencing and Punishment of , continued

 
 

“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)

 

10         

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)

 

11         

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

 

Agreed to  NS2

 

To move the following Schedule:—

 

SCHEDULE

 

Section 92

 

Crediting of time in custody: Armed Forces amendments

 

1          

The Armed Forces Act 2006 is amended as follows.

 

2          

In section 246 (crediting of time in service custody: terms of imprisonment and

 

detention), for subsections (2) to (5) substitute—

 

“(2)    

The number of days for which the offender was kept in service custody

 

in connection with the offence in question or any related offence since

 

being so charged is to count as time served by the offender as part of

 

the sentence.

 

    

But this is subject to subsections (2A) to (2C).

 

(2A)    

If, on any day on which the offender was kept in service custody, the

 

offender was also detained in connection with any other matter, that

 

day is not to count as time served.

 

(2B)    

A day counts as time served—

 

(a)    

in relation to only one sentence, and

 

(b)    

only once in relation to that sentence.

 

(2C)    

A day is not to count as time served as part of any period of 28 days

 

served by the offender before automatic release (see section 255B(1)

 

of the 2003 Act).”

 

3    (1)  

Section 247 (crediting of time in service custody: supplementary) is amended

 

as follows.


 
 

Public Bill Committee Proceedings: 13 October 2011        

88

 

Legal Aid, Sentencing and Punishment of , continued

 
 

      (2)  

In subsection (2)—

 

(a)    

after “in connection with other offences” insert “(but see section

 

246(2B))”, and

 

(b)    

omit “, or has also been detained in connection with other matters”.

 

      (3)  

After subsection (2) insert—

 

“(2A)    

The reference in section 246(2A) to detention in connection with any

 

other matter does not include remand in custody in connection with

 

another offence but includes—

 

(a)    

detention pursuant to any custodial sentence;

 

(b)    

committal in default of payment of any sum of money;

 

(c)    

committal for want of sufficient distress to satisfy any sum of

 

money;

 

(d)    

committal for failure to do or abstain from doing anything

 

required to be done or left undone.”

 

      (4)  

In subsection (4) for “the reference in section 246(2)” substitute “the

 

references in section 246(2) and (2B)”.

 

4          

In section 373(3) (orders, regulations and rules)—

 

(a)    

after paragraph (e) insert “or”, and

 

(b)    

omit paragraph (g) and the “or” preceding it.

 

5          

In Schedule 16 (minor and consequential amendments), omit paragraph 228.’.

 


 

Mr Jonathan Djanogly

 

Agreed to  405

 

Clause  114,  page  92,  line  28,  leave out subsection (3).

 

Clause, as amended, Agreed to.

 

Clauses 115 and 116 Agreed to.

 


 

Mr Jonathan Djanogly

 

Agreed to  406

 

Clause  117,  page  93,  line  23,  leave out ‘(2)’ and insert ‘(1A)’.

 

Mr Jonathan Djanogly

 

Agreed to  407

 

Clause  117,  page  93,  line  23,  at end insert—

 

‘(1A)    

Section [Causing serious injury by dangerous driving] extends to England and

 

Wales and Scotland.’.

 

Clause, as amended, Agreed to.

 

Clauses 118 and 119 Agreed to.

 



 
 

Public Bill Committee Proceedings: 13 October 2011        

89

 

Legal Aid, Sentencing and Punishment of , continued

 
 

Mr Jonathan Djanogly

 

Agreed to  408

 

Title,  line  9,  at end insert ‘and of causing serious injury by dangerous driving.’.

 

Bill, as amended, to be reported.

 


 
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