Criminal Justice and Courts Bill (HL Bill 49)

Road Traffic Offenders Act 1988 (c. 53)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) 5after 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) 10In the table in subsection (1), at the appropriate place insert—

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) 20an 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) 25an 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) 30an 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)
35substitute—

“(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) 40section 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 5In 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
10years 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),
15or

(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) 20In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second
column omit “, disqualified”.

(3) After that entry insert—

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”.

30Crime (International Co-operation) Act 2003 (c. 32)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) 35After 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)Criminal Justice Act 2003 (c. 44)

11 40In 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).”

5Coroners and Justice Act 2009 (c. 25)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) 10In sub-paragraph (iii) omit “, disqualified”.

(3) After that sub-paragraph insert—

“(iiia) section 3ZC (causing death by driving: disqualified
drivers);”.

Section 31

SCHEDULE 7 15Mutual recognition of driving disqualification in UK and Republic of Ireland

Part 1 Further provision

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

1 Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU
20Convention on driving disqualifications) is amended as follows.

2 (1) Section 54 (road traffic offences in UK: application of section 55) is amended
as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “Schedule 3” insert “or Part 1 of Schedule 3A”,
25and

(b) in paragraph (b), for “that Schedule” substitute “Schedule 3 or Part 2
of Schedule 3A”.

(3) For subsection (3) substitute—

“(3) The minimum period is—

(a) 30for an offence mentioned in Part 2 of Schedule 3 in relation to
which the Secretary of State has by regulations specified a
period of less than six months, that period;

(b) for an offence mentioned in Part 2 of Schedule 3A in relation
to which the Department has by regulations specified a
35period of less than six months, that period;

(c) for any other offence, a period of six months.”

(4) After that subsection insert—

“(3A) When determining whether the period of disqualification in respect
of an offence mentioned in Part 2 of Schedule 3 is not less than the
minimum period, an extension period imposed under any of the
5following is to be disregarded—

(a) section 35A or 35C of the Road Traffic Offenders Act 1988;

(b) section 248D of the Criminal Procedure (Scotland) Act 1995;

(c) section 147A of the Powers of Criminal Courts (Sentencing)
Act 2000.

(3B) 10When determining whether the period of disqualification in respect
of an offence mentioned in Part 2 of Schedule 3A is not less than the
minimum period, an extension period imposed under any of the
following is to be disregarded—

(a) Article 8A of the Criminal Justice (Northern Ireland) Order
151980 (S.I. 1980/704 (N.I. 6)S.I. 1980/704 (N.I. 6));

(b) Article 40A of the Road Traffic Offenders (Northern Ireland)
Order 1996 (S.I. 1996/1320 (N.I. 10)S.I. 1996/1320 (N.I. 10));

(c) Article 91A of the Criminal Justice (Northern Ireland) Order
2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)).”

(5) 20After subsection (5) insert—

“(6) The Secretary of State may by regulations amend Schedule 3.

(7) The Department may by regulations amend Schedule 3A.”

3 (1) Section 55 (duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) is amended as follows.

(2) 25For the heading substitute “Duty to give notice to Republic of Ireland of UK
driving disqualification”.

(3) In subsection (1), for “the State in which the offender is normally resident”
substitute “the Republic of Ireland”.

(4) In subsection (2)(f), for “the convention on driving disqualifications”
30substitute “the specified agreement on driving disqualifications”.

(5) In subsection (9)—

(a) in paragraph (b), for “the State mentioned in subsection (1)”
substitute “the Republic of Ireland”, and

(b) for “the convention on driving disqualifications” substitute “the
35specified agreement on driving disqualifications”.

4 For the italic heading before section 56 substitute “Road traffic offences in
Republic of Ireland”.

5 (1) Section 56 (road traffic offences in Republic of Ireland: application of section
57) is amended as follows.

(2) 40For subsection (2) substitute—

“(2) The driving disqualification condition is met—

(a) in relation to an offence mentioned in Part 1 of Schedule 3B,
if the offender is disqualified in the Republic of Ireland as a
result of the offence;

(b) in relation to an offence mentioned in Part 2 of that Schedule,
if the offender is disqualified in the Republic of Ireland for a
period not less than the minimum period as a result of the
offence.”

(3) 5In subsection (3)—

(a) for “a State” substitute “the Republic of Ireland”,

(b) for “in that State” substitute “there”, and

(c) for “the law of that State” substitute “the law of the Republic of
Ireland”.

(4) 10For subsection (4) substitute—

“(4) The minimum period is—

(a) for an offence in relation to which the Secretary of State has
by regulations specified a period of less than six months, that
period;

(b) 15for any other offence, a period of six months.”

(5) Omit subsection (5).

(6) In subsection (6), for “the part of the United Kingdom in which the offender
is normally resident” substitute “the relevant part of the United Kingdom”.

(7) After that subsection insert—

“(6A) 20In subsection (6), “the relevant part of the United Kingdom” means—

(a) where the offender was normally resident in the United
Kingdom when convicted, the part of the United Kingdom in
which the offender was normally resident at that time;

(b) where the offender was not normally resident in the United
25Kingdom when convicted but held a Great Britain licence or
a Northern Ireland licence, the part of the United Kingdom in
which the offender was last normally resident before
conviction.”

(8) Omit subsection (7).

(9) 30In subsection (8)—

(a) for “treating” substitute “about when”,

(b) after the first “United Kingdom” insert “are to be treated for the
purposes of this section”, and

(c) for “a member state other than the United Kingdom” substitute “the
35Republic of Ireland”.

(10) After subsection (9) insert—

“(10) The Secretary of State may by regulations amend Schedule 3B.”

6 (1) Section 57 (recognition in United Kingdom of foreign driving
disqualification) is amended as follows.

(2) 40In the heading, for “foreign” substitute “Republic of Ireland”.

(3) In the following provisions, for “the foreign disqualification” substitute “the
Republic of Ireland disqualification”—

(a) subsection (1)(a);

(b) subsection (2) (in both places);

(c) subsection (4)(b);

(d) subsection (5)(b);

(e) subsection (6);

(f) subsection (8) (in both places).

(4) 5In subsection (1)(a) and (b), for “one month” substitute “three months”.

(5) In subsection (2)(b), for “the State in which the offender was convicted”
substitute “the Republic of Ireland”.

(6) In subsection (3)—

(a) for “a State” substitute “the Republic of Ireland”, and

(b) 10for “in that State” substitute “there”.

7 In section 58(1)(a) and (b) (notice under section 57), for “the foreign
disqualification” substitute “the Republic of Ireland disqualification”.

8 (1) Section 63 (production of licence: Great Britain) is amended as follows.

(2) In subsection (4), for “the competent authority of the relevant State”
15substitute “the competent authority of the Republic of Ireland or the
Department”.

(3) Omit subsection (5).

9 (1) Section 64 (production of licence: Northern Ireland) is amended as follows.

(2) In subsection (4), for “the competent authority of the relevant State”
20substitute “the competent authority of the Republic of Ireland or the
Secretary of State”.

(3) Omit subsection (5).

10 In section 65(3) (production of licence: Community licence holders), for the
words from “the same” to the end substitute “the Republic of Ireland”.

11 25In section 68 (endorsement of licence: Great Britain), for subsection (1)
substitute—

“(1) This section applies where a person who—

(a) is normally resident in Great Britain, or

(b) is not normally resident in Great Britain but holds a Great
30Britain licence,

is disqualified by virtue of section 57.”

12 In section 69 (endorsement of licence: Northern Ireland), for subsection (1)
substitute—

“(1) This section applies where a person who—

(a) 35is normally resident in Northern Ireland, or

(b) is not normally resident in Northern Ireland but holds a
Northern Ireland licence,

is disqualified by virtue of section 57.”

13 In section 70(1) (duty of appropriate Minister to inform competent
40authority)—

(a) for “any State” substitute “the Republic of Ireland”, and

(b) for “the convention on driving disqualifications” substitute “the
specified agreement on driving disqualifications”.

14 (1) Section 72 (regulations: Great Britain) is amended as follows.

(2) In subsection (2), at the end insert “, subject to subsection (2A)”.

(3) 5After subsection (2) insert—

“(2A) A statutory instrument containing regulations under section 54(6),
56(10) or 71A may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of
Parliament.”

15 (1) 10Section 73 (regulations: Northern Ireland) is amended as follows.

(2) In subsection (2), at the end insert “, subject to subsection (2A)”.

(3) After subsection (2) insert—

“(2A) Regulations made under section 54(7) may not be made unless a
draft of the regulations has been laid before, and approved by a
15resolution of, the Northern Ireland Assembly.”

16 (1) Section 74(1) (interpretation) is amended as follows.

(2) For the definition of “central authority” substitute—

• ““central authority” means an authority designated by the
  Republic of Ireland as a central authority for the purposes of
  20the specified agreement on driving disqualifications;”.

(3) For the definition of “competent authority” substitute—

• ““competent authority” means an authority which is a
  competent authority in relation to the Republic of Ireland for
  the purposes of the specified agreement on driving
  25disqualifications;”.

(4) Omit the definition of “the convention on driving disqualifications”.

(5) In the definition of “disqualified”, after “and” insert “, except in section
71A,”.

(6) Omit the definition of “foreign disqualification”.

(7) 30At the end insert—

• ““Republic of Ireland disqualification” means the
  disqualification mentioned in section 56;

• “Republic of Ireland licence” means a licence to drive a motor
  vehicle granted under the law of the Republic of Ireland,
  35including a learner permit.”

17 In section 74(2) (interpretation of references to disqualification for life), for
“foreign disqualification” substitute “Republic of Ireland disqualification”.

18 In section 74, at the end insert—

“(3) For the purposes of this Chapter, an individual is normally resident
40in, or in a part of, the United Kingdom, in Great Britain, in Northern
Ireland or in the Republic of Ireland if his or her normal residence, as
defined in Article 12 of Directive 2006/126/EC of the European

Parliament and of the Council of 20th December 2006 on driving
licences, is there.”

19 (1) Schedule 3 (offences for the purposes of section 54) is amended as follows.

(2) In the heading, at the end insert “: Great Britain”.

(3) 5In paragraph 1, for sub-paragraph (2) substitute—

“(2) Driver” has the same meaning as in the Road Traffic Act 1988.”

(4) In paragraph 2, omit “or Article 43(1) of the Road Traffic Regulation
(Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)S.I. 1997/276 (N.I. 2))”.

(5) In paragraph 3—

(a) 10omit “or Articles of the Road Traffic (Northern Ireland) Order 1995”,

(b) in sub-paragraph (a), omit “or Article 9”,

(c) in sub-paragraph (b), omit “or Article 10”,

(d) in sub-paragraph (c), omit “or Article 12”,

(e) in sub-paragraph (d), omit “or Article 14”,

(f) 15in sub-paragraph (e), omit “or Article 15”,

(g) in sub-paragraph (f), omit “or Article 16”,

(h) in sub-paragraph (g), omit “or Article 17”, and

(i) in sub-paragraph (h), omit “or Article 18”.

(6) In paragraph 5, omit “or Article 167(1) of the Road Traffic (Northern Ireland)
20Order 1981 (S.I. 1981/154 (N.I. 1)S.I. 1981/154 (N.I. 1))”.

(7) In paragraph 6, omit “or Article 175(2) of the Road Traffic (Northern Ireland)
Order 1981”.

(8) In paragraph 7(a), omit “or Part 1 of Schedule 1 to the Road Traffic Offenders
(Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)S.I. 1996/1320 (N.I. 10))”.

20 25After Schedule 3 insert—

Section 54

“Schedule 3A Offences for the purposes of section 54: Northern Ireland

Part 1 Offences where order of disqualification for a minimum period
unnecessary

1 (1) 30Manslaughter by the driver of a motor vehicle.

(2) “Driver” has the same meaning as in Article 2(2) of the Road
Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)S.I. 1995/2994 (N.I. 18)).

2 An offence under Article 168A(1)(c) of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)S.I. 1981/154 (N.I. 1)) (driving while
35disqualified).

3 An offence under Article 175(2) of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)S.I. 1981/154 (N.I. 1)) (failing to stop after
accident and give particulars or report of accident).

4 An offence under any of the following Articles of the Road Traffic
(Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)S.I. 1995/2994 (N.I. 18))—

(a) Article 9 (causing death or grievous bodily injury by
dangerous driving),

(b) 5Article 10 (dangerous driving),

(c) Article 11A (causing death or grievous bodily injury by
careless or inconsiderate driving),

(d) Article 12 (careless, and inconsiderate, driving),

(e) Article 12B (causing death or grievous bodily injury by
10driving: unlicensed, disqualified or uninsured drivers),

(f) Article 14 (causing death or grievous bodily injury by
careless driving when under the influence of drink or
drugs),

(g) Article 15 (driving, or being in charge, when under the
15influence of drink or drugs),

(h) Article 16 (driving, or being in charge, of a motor vehicle
with alcohol concentration above prescribed limit),

(i) Article 17 (failing to provide a specimen of breath for a
breath test), or

(j) 20Article 18 (failing to provide a specimen for analysis or
laboratory test).

5 An offence under Article 43(1) of the Road Traffic Regulation
(Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)S.I. 1997/276 (N.I. 2)) (exceeding
speed limit).

25Part 2 Offences where order of disqualification for a minimum period
necessary

6 An offence which—

(a) is mentioned in Part 1 of Schedule 1 to the Road Traffic
30Offenders (Northern Ireland) Order 1996 (S.I. 1996/
1320 (N.I. 10)), but

(b) is not an offence mentioned in Part 1 of this Schedule.”

21 After Schedule 3A insert—

Section 56

“Schedule 3B Offences for the purposes of section 56: Republic of Ireland

35Part 1 Offences where order of disqualification for a minimum period
unnecessary

1 An offence arising from—

(a) reckless or dangerous driving, whether or not resulting in
40death, injury or serious risk,

(b) wilful failure to carry out the obligations placed on drivers
after being involved in road accidents,

(c) driving a vehicle while under the influence of alcohol or
other substances affecting or diminishing the mental and
physical abilities of a driver,

(d) refusal to submit to alcohol and drug tests,

(e) 5driving a vehicle faster than the permitted speed, or

(f) driving a vehicle while disqualified.

Part 2 Offences where order of disqualification for a minimum period
necessary

2 10An offence arising from conduct which is a road traffic offence that
is not mentioned in Part 1 of this Schedule.”

Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

22 In Schedule 21 to the Coroners and Justice Act 2009 (consequential
amendments), omit paragraph 93 (uncommenced amendment of section 54
15of the Crime (International Co-operation) Act 2003).

Part 2 Transition from EU Convention to new agreement

Transitional period

23 In this Part of this Schedule, “the transitional period” means the period—

(a) 20beginning with 1 December 2014, and

(b) ending with the day before the first day on which—

(i) section 31(2) to (5) are in force,

(ii) the Secretary of State has specified an agreement under
section 71A of the Crime (International Co-operation) Act
252003 (“the 2003 Act”), and

(iii) that agreement has entered into force.

Disapplication of duties and powers to give notices during the transitional period

24 During the transitional period, the Secretary of State and the Department of
the Environment in Northern Ireland—

(a) 30are not required to give a notice under section 55 of the 2003 Act
(duty to give notice to foreign authorities of driving disqualification
of a non-UK resident),

(b) are not required or permitted to give a notice under section 57 of the
2003 Act (recognition in United Kingdom of foreign driving
35disqualification), and

(c) are not required to give reasons under section 70(3) of the 2003 Act
(duty to give reasons for not giving a notice under section 57).

25 Paragraphs 23 and 24 are to be treated as having come into force on 1
December 2014.