Session 2013 - 14
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2027

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 8 May 2014

 

Consideration of Bill


 

Criminal Justice and Courts Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Criminal Justice

 

and Courts Bill (Programme (No. 2)) Motion to be proposed by Secretary Chris

 

Grayling.

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING: DRIVING

 

OFFENCES; DETERMINATION OF THE MINIMUM TERM IN RELATION TO MANDATORY

 

LIFE SENCTENCES; COMMITTAL OF YOUNG OFFENDERS TO THE CROWN COURT FOR

 

SENTENCE

 

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—


 
 

Notices of Amendments: 8 May 2014                      

2028

 

Criminal Justice and Courts Bill, continued

 
 

(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—

 

“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


 
 

Notices of Amendments: 8 May 2014                      

2029

 

Criminal Justice and Courts Bill, continued

 
 

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.

 


 

Penalty for driving while disqualified

 

Mr Andy Slaughter

 

Dan Jarvis

 

NC22

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

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

 

punishment of offences under the Traffic Acts) in the entry relating to the offence

 

of obtaining licence, or driving, while disqualified, section 103(1)(b) of the Road

 

Traffic Act 1988—

 

(a)    

in column 3 leave out “6 months” and insert “12 months”;

 

(b)    

in column 2 below “(c) On indictment, in Scotland”, insert “(d) On

 

indictment, in England and Wales”; and

 

(c)    

in column 3 below “(c) 12 months or a fine or both” insert “(d) 2 years or

 

a fine or both”.

 

(2)    

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

 

Act 2003 comes into force, the reference to 12 months is to be read as reference

 

to six months.

 

(3)    

The amendment made by this section applies only in relation to an offence

 

committed on or after the day on which it comes into force.’.

 

Member’s explanatory statement

 

Makes the offence of driving while disqualified triable either way, with a maximum penalty of 2

 

years’ imprisonment for conviction on indictment.

 


 

Secretary Chris Grayling

 

NS2

 

To move the following Schedule:—

 

‘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.


 
 

Notices of Amendments: 8 May 2014                      

2030

 

Criminal Justice and Courts Bill, continued

 
 

      (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),

 

(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—


 
 

Notices of Amendments: 8 May 2014                      

2031

 

Criminal Justice and Courts Bill, continued

 
 

(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—

 

“48A      

An offence under section 3ZC of that Act (causing death by driving:

 

disqualified drivers).”

 

Coroners and Justice Act 2009 (c. 25)

 

12  (1)  

In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009

 

(suspension of investigations where certain criminal charges may be brought),

 

in the definition of “homicide offence”, paragraph (b) is amended as follows.

 

      (2)  

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

 

      (3)  

After that sub-paragraph insert—

 

“(iiia)    

section 3ZC (causing death by driving:

 

disqualified drivers);”.’.

 

Member’s explanatory statement


 
 

Notices of Amendments: 8 May 2014                      

2032

 

Criminal Justice and Courts Bill, continued

 
 

This Schedule contains amendments relating to the offences under sections 3ZC and 3ZD of the

 

Road Traffic Act 1988 (inserted by amendment NC14). It includes provisions about alternative

 

verdicts, retests and the period of endorsement.

 


 

Term of imprisonment for murder of a police or prison officer

 

Secretary Chris Grayling

 

NC10

 

To move the following Clause:—

 

‘(1)    

Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in

 

relation to mandatory life sentence) is amended as follows.

 

(2)    

In paragraph 4(2) (cases for which a whole life order is the appropriate starting

 

point), after paragraph (b) insert—

 

“(ba)    

the murder of a police officer or prison officer in the course of

 

his or her duty,”.

 

(3)    

In paragraph 5(2) (cases for which 30 years is the appropriate starting point), omit

 

paragraph (a).

 

(4)    

The amendments made by this section apply only in relation to an offence

 

committed on or after the day on which they come into force.’.

 

Member’s explanatory statement

 

This amendment provides that the court should normally start by considering a whole life term

 

when sentencing an offender for the murder of a police or prison officer in the course of his or her

 

duty. Currently, the starting point in these cases is a minimum term of 30 years.

 


 

Committal for sentence of young offenders convicted of certain serious offences

 

Secretary Chris Grayling

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

 

(2)    

In section 3B (committal for sentence on indication of guilty plea by child or

 

young person), for subsection (1) substitute—

 

“(1)    

This section applies where on the summary trial of an offence mentioned

 

in section 91(1) of this Act a person aged under 18 is convicted of the

 

offence.”

 

(3)    

For the heading of that section substitute “Committal for sentence of young

 

offenders on summary trial of certain serious offences”.

 

(4)    

The amendment made by subsection (2) applies only if the person convicted of

 

the offence first appeared in respect of the offence after the day on which the

 

amendment comes into force.


 
 

Notices of Amendments: 8 May 2014                      

2033

 

Criminal Justice and Courts Bill, continued

 
 

(5)    

For the purposes of subsection (4), a person first appears in respect of an offence

 

when the person first appears or is brought before a magistrates’ court in the

 

proceedings in which the person is charged with the offence.’.

 

Member’s explanatory statement

 

This amendment allows a magistrates’ court to commit a person under 18 for sentence to the

 

Crown Court where the court has found the person guilty of an offence mentioned in section 91(1)

 

of the Powers of Criminal Courts (Sentencing) Act 2000. Currently the court can only do so

 

following an early guilty plea.

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:

 

treatment, release and recall of prisoners; adult cautions; offences of

 

sexual grooming of children or abduction of children; armed forces;

 

amendments to part 1

 

Open prisons: deportees

 

Philip Davies

 

Mr David Nuttall

 

NC37

 

Parliamentary Star    

To move the following Clause:—

 

‘No prisoner serving a sentence for which he is liable for deportation can be

 

moved to a Category D prison.’.

 


 

Resettlement licence: deportees

 

Philip Davies

 

Mr David Nuttall

 

NC38

 

Parliamentary Star    

To move the following Clause:—

 

‘No prisoner serving a sentence for which he is liable for deportation can be

 

eligible for resettlement licence.’.

 



 
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