House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

2063

House of Commons

Monday 12 May 2014

Consideration of Bill

New Amendments handed in are marked thus

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 SENtENCES; 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—

(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).

Consideration of Bill: 12 May 2014
2064

Criminal Justice and Courts Bill, continued

(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.

Consideration of Bill: 12 May 2014
2065

Criminal Justice and Courts Bill, continued

(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.

Penalty for driving while disqualified

Mr Andy Slaughter

Dan Jarvis

NC22

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”.

Consideration of Bill: 12 May 2014
2066

Criminal Justice and Courts Bill, continued

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),

(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).”

Consideration of Bill: 12 May 2014
2067

Criminal Justice and Courts Bill, continued

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—

“48A
An offence under section 3ZC of that Act (causing death by driving:

disqualified drivers).”

Consideration of Bill: 12 May 2014
2068

Criminal Justice and Courts Bill, continued

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

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—



© Parliamentary copyright	Revised 12 May 2014