Session 2013 - 14
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Other Bills before Parliament


 
 

2009

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 7 May 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1847, 1939-40, 1941-44 and 1963-75

 

Consideration of Bill


 

Criminal Justice and Courts Bill, As Amended

 

Offences committed by disqualified drivers

 

Secretary Chris Grayling

 

NC14

 

To move the following Clause:—

 

‘(1)    

After section 3ZB of the Road Traffic Act 1988 insert—

 

“3ZC  

Causing death by driving: disqualified drivers

 

A person is guilty of an offence under this section if he or she—

 

(a)    

causes the death of another person by driving a motor vehicle on

 

a road, and

 

(b)    

at that time, is committing an offence under section 103(1)(b) of

 

this Act (driving while disqualified).

 

3ZD    

Causing serious injury by driving: disqualified drivers

 

(1)    

A person is guilty of an offence under this section if he or she—

 

(a)    

causes serious injury to another person by driving a motor

 

vehicle on a road, and

 

(b)    

at that time, is committing an offence under section 103(1)(b) of

 

this Act (driving while disqualified).

 

(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.”

 

(2)    

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

 

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


 
 

Notices of Amendments: 7 May 2014                      

2010

 

Criminal Justice and Courts Bill, continued

 
 

“RTA

Causing

On indictment

10 years or

Obligatory

Obligatory

3-11

 
 

section

death by

 

a fine or

    
 

3ZC

driving:

 

both

    
  

disqualified

      
  

drivers

      
 

RTA

Causing

(a) Summarily

(a) On

Obligatory

Obligatory

3-11”.

 
 

section

serious

 

conviction

    
 

3ZD

injury by

 

in England

    
  

driving:

 

and Wales:

    
  

disqualified

 

12 months

    
  

drivers

 

or a fine or

    
    

both. On

    
    

conviction

    
    

in Scotland:

    
    

12 months

    
    

or the

    
    

statutory

    
    

maximum

    
    

or both.

    
   

(b) On

(b) 4 years

    
   

indictment

or a fine or

    
    

both

    
 

(3)    

In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988

 

relating to an offence under section 3ZD of the Road Traffic Act 1988—

 

(a)    

in relation to an offence committed before section 154(1) of the Criminal

 

Justice Act 2003 comes into force, the reference in column 4 to 12

 

months on summary conviction in England and Wales is to be read as a

 

reference to 6 months, and

 

(b)    

in relation to an offence committed before section 85 of the Legal Aid,

 

Sentencing and Punishment of Offenders Act 2012 comes into force, the

 

reference in column 4 to a fine on summary conviction in England and

 

Wales is to be read as a reference to the statutory maximum.

 

(4)    

Schedule (Offences committed by disqualified drivers: further amendments)

 

contains further amendments relating to the offences under sections 3ZC and 3ZD

 

of the Road Traffic Act 1988.

 

(5)    

The amendments made by this section and Schedule (Offences committed by

 

disqualified drivers: further amendments) have effect only in relation to driving

 

which occurs after they come into force.’.

 

Member’s explanatory statement

 

This amendment makes the offence of causing death by driving while disqualified an indictable

 

only offence and increases the maximum penalty for such conduct to 10 years’ imprisonment. It

 

also creates an offence of causing serious injury by driving while disqualified - an either way

 

offence with a maximum penalty of 4 years’ imprisonment.

 

Secretary Chris Grayling

 

NS2

 

To move the following Schedule:—


 
 

Notices of Amendments: 7 May 2014                      

2011

 

Criminal Justice and Courts Bill, continued

 
 

‘Offences committed by disqualified drivers: further amendments

 

Road Traffic Act 1988 (c. 52)

 

1    (1)  

Section 3ZB of the Road Traffic Act 1988 (causing death by driving:

 

unlicensed, disqualified or uninsured drivers) is amended as follows.

 

      (2)  

Omit paragraph (b) (but not the “or” at the end).

 

      (3)  

In the heading, omit “, disqualified”.

 

Road Traffic Offenders Act 1988 (c. 53)

 

2          

The Road Traffic Offenders Act 1988 is amended as follows.

 

3    (1)  

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

 

      (2)  

In subsection (A2)—

 

(a)    

after paragraph (b) insert—

 

“(ba)    

an offence under section 3ZC of that Act (causing death by

 

driving: disqualified drivers),

 

(bb)    

an offence under section 3ZD of that Act (causing serious

 

injury by driving: disqualified drivers),”.

 

      (3)  

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

 

“Section 3ZC (causing death by

Section 103(1)(b) (driving while

 
 

driving: disqualified drivers)

disqualified)

 
 

Section 3ZD (causing serious injury

Section 103(1)(b) (driving while

 
 

by driving: disqualified drivers)

disqualified)”.

 
 

4          

In section 34(4)(a) (disqualification for certain offences), after sub-paragraph

 

(iia) insert—

 

“(iib)    

an offence under section 3ZC of that Act (causing

 

death by driving: disqualified drivers), or

 

(iic)    

an offence under section 3ZD of that Act (causing

 

serious injury by driving: disqualified drivers), or”.

 

5    (1)  

Section 36(2) (disqualification until test is passed) is amended as follows.

 

      (2)  

At the end of paragraph (a) omit “or”.

 

      (3)  

For paragraph (b) substitute—

 

“(b)    

an offence under section 1 of the Road Traffic Act 1988

 

(causing death by dangerous driving),

 

(c)    

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

 

injury by dangerous driving),

 

(d)    

an offence under section 2 of that Act (dangerous driving),

 

(e)    

an offence under section 3ZC of that Act (causing death by

 

driving: disqualified drivers), or

 

(f)    

an offence under section 3ZD of that Act (causing serious

 

injury by driving: disqualified drivers).”

 

6          

In section 45 (effect of endorsement of counterparts), for subsection (6)

 

substitute—

 

“(6)    

Where the offence was under one of the following sections of the Road

 

Traffic Act 1988, the endorsement remains effective until four years

 

have elapsed since the conviction—

 

(a)    

section 1 (causing death by dangerous driving),


 
 

Notices of Amendments: 7 May 2014                      

2012

 

Criminal Justice and Courts Bill, continued

 
 

(b)    

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

 

(c)    

section 2 (dangerous driving),

 

(d)    

section 3ZC (causing death by driving: disqualified drivers),

 

or

 

(e)    

section 3ZD (causing serious injury by driving: disqualified

 

drivers).”

 

7          

In section 45A (effect of endorsement of driving records), for subsection (4) as

 

substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006

 

(endorsement: all drivers), substitute—

 

“(4)    

Where the offence was under one of the following sections of the Road

 

Traffic Act 1988, the endorsement remains effective until four years

 

have elapsed since the conviction—

 

(a)    

section 1 (causing death by dangerous driving),

 

(b)    

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

 

(c)    

section 2 (dangerous driving),

 

(d)    

section 3ZC (causing death by driving: disqualified drivers),

 

or

 

(e)    

section 3ZD (causing serious injury by driving: disqualified

 

drivers).”

 

8    (1)  

The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply)

 

is amended as follows.

 

      (2)  

In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second

 

column omit “, disqualified”.

 

      (3)  

After that entry insert—

 

“RTA section 3ZC

Causing death by driving:

Section 11 of this

 
  

disqualified drivers

Act.

 
 

RTA section 3ZD

Causing serious injury by

Sections 11 and

 
  

driving: disqualified drivers

12(1) of this Act.”

 
 

9          

In the table in Part 1 of Schedule 2 (prosecution and punishment of offences

 

under the Traffic Acts), in the entry relating to section 3ZB of the Road Traffic

 

Act 1988, in column 2 omit “, disqualified”.

 

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

 

10  (1)  

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) is amended as follows.

 

      (2)  

In sub-paragraph (ca) omit “, disqualified”.

 

      (3)  

After that sub-paragraph insert—

 

“(cb)  

section 3ZC (causing death by driving: disqualified drivers),

 

    (cc)  

section 3ZD (causing serious injury by driving: disqualified

 

drivers),”.

 

Criminal Justice Act 2003 (c. 44)

 

11         

In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent

 

offences for the purposes of sentencing dangerous offenders), after paragraph

 

48 (offence under section 1 of the Road Traffic Act 1988) insert—


 
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