Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 18 — Drugs and driving: minor and consequential amendments
296

(b)
the person has a specified controlled drug in his body and the
proportion of it in the person’s blood or urine exceeds the
specified limit for that drug.”
5     (1)
Section 7 (provision of specimens for analysis) is amended as follows.
      (2)
After subsection (1) insert—
5
“(1A)
In the course of an investigation into whether a person has
committed an offence under section 5A of this Act a constable may,
subject to subsections (3) to (7) of this section and section 9 of this
Act, require the person to provide a specimen of blood or urine for a
laboratory test.”
10
      (3)
In subsection (3)(c), for “or 4” substitute “, 4 or 5A”.
6     (1)
Section 10 (detention of persons affected by alcohol or a drug) is amended as
follows.
      (2)
In subsection (1), for “or 5” substitute “, 5 or 5A”.
      (3)
In subsection (2), for the words from “whilst his ability” to the end substitute
15
“whilst—
(a)
the person’s ability to drive properly is impaired,
(b)
the proportion of alcohol in the person’s breath, blood or
urine exceeds the prescribed limit, or
(c)
the proportion of a specified controlled drug in the person’s
20
blood or urine exceeds the specified limit for that drug.”
7
In section 192 (general interpretation of Act), in the definition of
“prescribed” in subsection (1), before “means” insert “(except in section
5A)”.
8
The amendments in paragraphs 3 to 6 do not affect the application of
25
sections 83 and 96 of the Railways and Transport Safety Act 2003.
Road Traffic Offenders Act 1988 (c. 53)
9
The Road Traffic Offenders Act 1988 is amended as follows.
10    (1)
Section 15 (use of specimens in proceedings for an offence under section 3A,
4 or 5 of the Road Traffic Act) is amended as follows.
30
      (2)
In the sidenote, for “section 4 or 5” substitute “any of sections 3A to 5A”.
      (3)
In subsection (1), for “section 3A, 4 or 5” substitute “any of sections 3A to
5A”.
      (4)
In subsection (2), for the words from “and, subject to” to the end substitute
“and—
35
(a)
it is to be assumed, subject to subsection (3) below, that the
proportion of alcohol in the accused’s breath, blood or urine
at the time of the alleged offence was not less than in the
specimen;
(b)
it is to be assumed, subject to subsection (3A) below, that the
40
proportion of a drug in the accused’s blood or urine at the
time of the alleged offence was not less than in the specimen.”

Crime and Courts Bill [HL]
Schedule 18 — Drugs and driving: minor and consequential amendments
297

      (5)
In subsection (3), for “That assumption” substitute “The assumption in
subsection (2)(a) above”.
      (6)
After subsection (3) insert—
“(3A)
The assumption in subsection (2)(b) above is not to be made if the
accused proves—
5
(a)
that he took the drug before he provided the specimen or had
the specimen taken from him and—
(i)
in relation to an offence under section 3A, after the
time of the alleged offence, and
(ii)
otherwise, after he had ceased to drive, attempt to
10
drive or be in charge of a vehicle on a road or other
public place, and
(b)
that had he not done so the proportion of the drug in his
blood or urine—
(i)
in the case of a specified controlled drug, would not
15
have exceeded the specified limit for that drug, and
(ii)
if it is alleged that he was unfit to drive through
drugs, would not have been such as to impair his
ability to drive properly.”
11    (1)
Section 24 (alternative verdicts: general) is amended as follows.
20
      (2)
In the table in subsection (1), after the entry relating to section 5(1)(a) of the
Road Traffic Act 1988 insert—

“Section 5A(1)(a) and (2)
Section 5A(1)(b) and (2) (being

(driving or attempting to drive
in charge of a vehicle with

with concentration of specified
concentration of specified

25

controlled drug above specified
controlled drug above specified

limit)
limit)”.

      (3)
In subsection (3), for “or 5(1)(a)” substitute “, 5(1)(a) or 5A(1)(a) and (2)”.
12
In section 34 (disqualification for certain offences), in subsection (3), after
paragraph (b) insert—
30
“(ba)
section 5A(1)(a) and (2) (driving or attempting to drive with
concentration of specified controlled drug above specified
limit),”.
13
In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the
table, after the entry beginning “RTA section 5” insert—
35

“RTA section 5A
Driving or attempting to
Sections 11 and 12(1)

drive, or being in charge
of this Act.”

of a motor vehicle,

with   concentration of

specified controlled

40

drug above specified

limit.

Crime and Courts Bill [HL]
Schedule 19 — Super-affirmative procedure
298

14
The amendments in paragraph 10 do not affect the application of sections 83
and 96 of the Railways and Transport Safety Act 2003.
Football Spectators Act 1989 (c. 37)
15
In Schedule 1 to the Football Spectators Act 1989 (relevant offences for
purposes of making banning order), in paragraph 1(l)—
5
(a)
for “or 5” substitute “, 5 or 5A”;
(b)
after “limit” insert “or with a concentration of a specified controlled
drug above the specified limit”.
Crime (International Co-operation) Act 2003 (c. 32)
10
16
In Schedule 3 to the Crime (International Co-operation) Act 2003 (offences
notifiable to authority of member State where offender normally resident),
in Part 1 (offences where no minimum period of disqualification necessary),
after paragraph (f) of paragraph 3 insert—
“(fa)
section 5A (driving, or being in charge, of a motor vehicle
15
with concentration of specified controlled drug above
specified limit),”.
Armed Forces Act 2006 (c. 52)
17
In Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences that
may be dealt with at a summary hearing), in Part 1 (offences that may be
20
dealt with without permission), after paragraph 9 insert—
“9A
An offence under section 5A of that Act (driving a vehicle with
concentration of specified controlled drug above specified limit).”
Schedule 19
Section 39

Super-affirmative procedure
25
Prior consultation
1
If the Secretary of State is proposing to make an order under section 2, the
Secretary of State must consult those persons whom the Secretary of State
considers would be affected by the proposed order.
Draft order
30
2     (1)
If, after such a consultation, the Secretary of State considers it appropriate to
proceed with the making of the order, the Secretary of State must lay before
Parliament—
(a)
a draft order, and
(b)
a document which explains the order.
35
      (2)
The Secretary of State may not act under this paragraph before the end of the
period of twelve weeks beginning with the day on which the consultation
began.

Crime and Courts Bill [HL]
Schedule 19 — Super-affirmative procedure
299

Draft order approved
3     (1)
The Secretary of State may make an order in the terms of the draft order laid
under paragraph 2 if, after the expiry of the 40-day period, the draft order is
approved by a resolution of each House of Parliament.
      (2)
But the procedure in paragraph 4 is to apply to the draft order instead of the
5
procedure in this paragraph if—
(a)
either House of Parliament so resolves within the 30-day period, or
(b)
a committee of either House charged with reporting on the draft
order so recommends within the 30-day period and the House to
which the recommendation is made does not by resolution reject the
10
recommendation within that period.
Scrutiny extended
4     (1)
The Secretary of State must have regard to—
(a)
any representations,
(b)
any resolution of either House of Parliament, and
15
(c)
any recommendations of a committee of either House of Parliament
charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.
      (2)
If after the expiry of the 60-day period the draft order is approved by a
resolution of each House of Parliament, the Secretary of State may make an
20
order in the terms of the draft order.
      (3)
If after the expiry of the 60-day period the Secretary of State wishes to
proceed with the draft order but with material changes, the Secretary of
State may lay before Parliament—
(a)
a revised draft order, and
25
(b)
a statement giving a summary of the changes proposed.
      (4)
If the revised draft order is approved by a resolution of each House of
Parliament, the Secretary of State may make an order in the terms of the
revised draft order.
Interpretation
30
5     (1)
For the purposes of this paragraph an order is made in the terms of a draft
order or revised draft order if it contains no material changes to its
provisions.
      (2)
In this Schedule, references to the “30-day”, “40-day” and “60-day” periods
in relation to any draft order are to the periods of 30, 40 and 60 days
35
beginning with the day on which the draft order was laid before Parliament.
      (3)
For that purpose no account is to be taken of any time during which
Parliament is dissolved or prorogued or during which either House is
adjourned for more than four days.