|
| |
|
(c) | in the case of a person serving an extended sentence, a period |
| |
equal to half the confinement term; |
| |
(d) | in any other case, a period equal to half the sentence of |
| |
| |
(5) | For the purposes of subsection (4), a sentence is to be taken to start |
| 5 |
on the date of commencement of the sentence. |
| |
(6) | Subsection (7) applies where an amending order provides for a |
| |
different proportion (“the new proportion”) to be substituted for the |
| |
proportion of a prisoner’s sentence referred to in section 6(4)(a) of the |
| |
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the |
| 10 |
| |
(7) | The Secretary of State may by order provide that the proportion |
| |
specified in subsection (4)(b) and (c) of this section is to be read, in |
| |
the case of a sentence of imprisonment to which the amending order |
| |
applies, as a reference to the new proportion. |
| 15 |
(8) | An order under subsection (7) is to be made by statutory instrument |
| |
and a draft of the statutory instrument containing the order must be |
| |
laid before, and approved by a resolution of, each House of |
| |
| |
| 20 |
“amending order” means an order made by the Scottish |
| |
Ministers under section 7 of the 2007 Act; |
| |
“confinement term” has the meaning given by section |
| |
210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 |
| |
(c. 46) (“the 1995 Act”); |
| 25 |
“custody and community prisoner” has the meaning given by |
| |
section 4 of the 2007 Act; |
| |
“custody part” has the meaning given by section 6(3) of the 2007 |
| |
| |
“extended sentence” has the meaning given by section 210A of |
| 30 |
| |
“life prisoner” has the meaning given by section 4 of the 2007 |
| |
| |
“punishment part” has the meaning given by section 4 of the |
| |
| 35 |
“sentence of imprisonment” includes a sentence of detention |
| |
within the meaning of section 207 of the 1995 Act.” |
| |
Criminal Procedure (Scotland) Act 1995 (c. 46) |
| |
2 | After section 248C of the Criminal Procedure (Scotland) Act 1995 insert— |
| |
“248D | Extension of disqualification where sentence of imprisonment also |
| 40 |
| |
(1) | This section applies where a person is convicted of an offence for |
| |
| |
(a) | imposes a sentence of imprisonment, and |
| |
(b) | orders the person to be disqualified under section 248 or |
| 45 |
248A of this Act for holding or obtaining a driving licence. |
| |
|
| |
|
| |
|
(2) | The order under section 248 or 248A of this Act must provide for the |
| |
person to be disqualified for the appropriate extension period, in |
| |
addition to the discretionary disqualification period. |
| |
(3) | The discretionary disqualification period is the period for which, in |
| |
the absence of this section, the court would have disqualified the |
| 5 |
person under section 248 or 248A of this Act. |
| |
(4) | The appropriate extension period is— |
| |
(a) | in the case of a life prisoner, a period equal to the punishment |
| |
part of the life sentence; |
| |
(b) | in the case of a custody and community prisoner, a period |
| 10 |
equal to half the custody part of the sentence of |
| |
| |
(c) | in the case of a person serving an extended sentence, a period |
| |
equal to half the confinement term; |
| |
(d) | in any other case, a period equal to half the sentence of |
| 15 |
| |
(5) | For the purposes of subsection (4), a sentence is to be taken to start |
| |
on the date of commencement of the sentence. |
| |
(6) | Subsection (7) applies where an amending order provides for a |
| |
different proportion (“the new proportion”) to be substituted for the |
| 20 |
proportion of a prisoner’s sentence referred to in section 6(4)(a) of the |
| |
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the |
| |
| |
(7) | The Secretary of State may by order provide that the proportion |
| |
specified in subsection (4)(b) and (c) of this section is to be read, in |
| 25 |
the case of a sentence of imprisonment to which the amending order |
| |
relates, as a reference to the new proportion. |
| |
(8) | An order under subsection (7) is to be made by statutory instrument |
| |
and a draft of the statutory instrument containing the order must be |
| |
laid before, and approved by a resolution of, each House of |
| 30 |
| |
| |
“amending order” means an order made by the Scottish |
| |
Ministers under section 7 of the 2007 Act; |
| |
“confinement term” has the meaning given by section |
| 35 |
| |
“custody and community prisoner” has the meaning given by |
| |
section 4 of the 2007 Act; |
| |
“custody part” has the meaning given by section 6(3) of the 2007 |
| |
| 40 |
“extended sentence” has the meaning given by section 210A of |
| |
| |
“life prisoner” has the meaning given by section 4 of the 2007 |
| |
| |
“punishment part” has the meaning given by section 4 of the |
| 45 |
| |
“sentence of imprisonment” includes a sentence of detention |
| |
within the meaning of section 207 of this Act.” |
| |
|
| |
|
| |
|
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) |
| |
3 | After Article 40 of Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. |
| |
1996/1320 (N.I. 10)) insert— |
| |
“40A | Extension of disqualification where custodial sentence also imposed |
| |
(1) | This Article applies where a person is convicted of an offence for |
| 5 |
| |
(a) | imposes a custodial sentence, and |
| |
(b) | orders the person to be disqualified under Article 35 or 40. |
| |
(2) | The order under Article 35 or 40 must provide for the person to be |
| |
disqualified for the appropriate extension period, in addition to the |
| 10 |
discretionary disqualification period. |
| |
(3) | The discretionary disqualification period is the period for which, in |
| |
the absence of this Article, the court would have disqualified the |
| |
person under Article 35 or 40. |
| |
(4) | The appropriate extension period is— |
| 15 |
(a) | where a court imposes a sentence under Article 45(2) of the |
| |
Criminal Justice (Children) (Northern Ireland) Order 1998 |
| |
(S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: |
| |
indeterminate sentences) a period equal to the period |
| |
specified in the sentence under Article 45(2) of that Order less |
| 20 |
| |
(b) | where an order under Article 5(1) of the Life Sentences |
| |
(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) |
| |
(determination of tariffs) is made in relation to the custodial |
| |
sentence, a period equal to the part of the sentence specified |
| 25 |
in that Order less any relevant discount; |
| |
(c) | where Article 8(1) of the Criminal Justice (Northern Ireland) |
| |
Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for a |
| |
determinate term) applies in relation to the custodial |
| |
sentence, a period equal to the custodial period specified |
| 30 |
pursuant to Article 8(2) of that Order less any relevant |
| |
| |
(d) | where a court imposes a sentence under Article 13(3) of the |
| |
Criminal Justice (Northern Ireland) Order 2008 |
| |
(indeterminate custodial sentences for serious offences), a |
| 35 |
period equal to the period specified pursuant to Article |
| |
13(3)(b) of that Order less any relevant discount; |
| |
(e) | where Article 14(3) of the Criminal Justice (Northern Ireland) |
| |
Order 2008 (extended custodial sentences for certain offences |
| |
where the offender is aged over 21) applies in relation to the |
| 40 |
custodial sentence, a period equal to half of the term imposed |
| |
pursuant to Article 14(3)(a) of that Order calculated after that |
| |
term has been reduced by any relevant discount; |
| |
(f) | where Article 14(5) of the Criminal Justice (Northern Ireland) |
| |
Order 2008 (extended custodial sentences for certain offences |
| 45 |
where the offender is aged under 21) applies in relation to the |
| |
custodial sentence, a period equal to half of the term imposed |
| |
pursuant to Article 14(5)(a) of that Order calculated after that |
| |
term has been reduced by any relevant discount; |
| |
|
| |
|
| |
|
(g) | in any other case, a period equal to half the custodial sentence |
| |
imposed calculated after that sentence has been reduced by |
| |
| |
(5) | The “relevant discount” is the number of days by which the custodial |
| |
sentence is treated as reduced by virtue of section 26(2) of the |
| 5 |
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods |
| |
in custody before sentence passed etc). |
| |
(6) | This Article does not apply where— |
| |
(a) | the custodial sentence was a suspended sentence, or |
| |
(b) | the court has made an order under Article 5(3) of the Life |
| 10 |
Sentences (Northern Ireland) Order 2001 (life sentence: no |
| |
early release) in relation to the custodial sentence. |
| |
(7) | Paragraph (8) applies where an amending order provides that the |
| |
proportion of a prisoner’s sentence referred to in Article 18(2)(b) of |
| |
the Criminal Justice (Northern Ireland) Order 2008 (duty to release |
| 15 |
prisoners serving extended custodial sentences) is to be read as a |
| |
reference to another proportion (“the new proportion”). |
| |
(8) | The Secretary of State may by order provide that the proportion |
| |
specified in paragraph (4)(e) and (f) of this Article is to be read, in the |
| |
case of a custodial sentence to which the amending order applies, as |
| 20 |
a reference to the new proportion. |
| |
(9) | An order under paragraph (8) is subject to annulment by a resolution |
| |
of either House of Parliament in like manner as a statutory |
| |
instrument and section 5 of the Statutory Instruments Act 1946 |
| |
(instruments subject to annulment by resolution of either House of |
| 25 |
Parliament) applies accordingly. |
| |
| |
“amending order” means an order under Article 18(9) of the |
| |
Criminal Justice (Northern Ireland) Order 2008 (alteration by |
| |
order of relevant part of sentence); |
| 30 |
“custodial sentence” has the meaning given by Article 4 of the |
| |
Criminal Justice (Northern Ireland) Order 2008; |
| |
“suspended sentence” means a suspended sentence or order for |
| |
detention under section 18 of the Treatment of Offenders Act |
| |
(Northern Ireland) 1968 (c. 29).” |
| 35 |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
4 (1) | After section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. |
| |
| |
“147A | Extension of disqualification where custodial sentence also imposed |
| |
(1) | This section applies where a person is convicted of an offence for |
| 40 |
| |
(a) | imposes a custodial sentence, and |
| |
(b) | orders the person to be disqualified under section 146 or 147 |
| |
for holding or obtaining a driving licence. |
| |
|
| |
|
| |
|
(2) | The order under section 146 or 147 must provide for the person to be |
| |
disqualified for the appropriate extension period, in addition to the |
| |
discretionary disqualification period. |
| |
(3) | The discretionary disqualification period is the period for which, in |
| |
the absence of this section, the court would have disqualified the |
| 5 |
person under section 146 or 147. |
| |
(4) | The appropriate extension period is— |
| |
(a) | where an order under section 82A(2) of this Act |
| |
(determination of tariffs) is made in relation to the custodial |
| |
sentence, a period equal to the part of the sentence specified |
| 10 |
| |
(b) | in the case of a detention and training order under section 100 |
| |
of this Act (offenders under 18: detention and training |
| |
orders), a period equal to half the term of that order; |
| |
(c) | where an order under section 181 of the Criminal Justice Act |
| 15 |
2003 (prison sentences of less than 12 months) is made in |
| |
relation to the custodial sentence, a period equal to the |
| |
custodial period specified pursuant to section 181(3)(a) of |
| |
that Act less any relevant discount; |
| |
(d) | where an order under section 183 of that Act (intermittent |
| 20 |
custody orders) is made in relation to the custodial sentence, |
| |
a period equal to the number of custodial days specified |
| |
pursuant to section 183(1)(a) of that Act less any relevant |
| |
| |
(e) | where section 227 of that Act (extended sentence for certain |
| 25 |
violent or sexual offences: persons 18 or over) applies in |
| |
relation to the custodial sentence, a period equal to half the |
| |
term imposed pursuant to section 227(2C)(a) of that Act |
| |
calculated after that term has been reduced by any relevant |
| |
| 30 |
(f) | where section 228 of that Act (extended sentence for certain |
| |
violent or sexual offences: persons under 18) applies in |
| |
relation to the custodial sentence, a period equal to half the |
| |
term imposed pursuant to section 228(2B)(a) of that Act |
| |
calculated after that term has been reduced by any relevant |
| 35 |
| |
(g) | where an order under section 269(2) of that Act |
| |
(determination of minimum term in relation to mandatory |
| |
life sentence: early release) is made in relation to the custodial |
| |
sentence, a period equal to the part of the sentence specified |
| 40 |
| |
(h) | in any other case, a period equal to half the custodial sentence |
| |
imposed calculated after that sentence has been reduced by |
| |
| |
(5) | The “relevant discount” is the total number of days to count as time |
| 45 |
served by virtue of a direction under— |
| |
(a) | section 240 of the Criminal Justice Act 2003 (crediting periods |
| |
of remand in custody), or |
| |
(b) | section 240A of that Act (crediting periods of remand on bail). |
| |
(6) | This section does not apply where— |
| 50 |
(a) | the custodial sentence was a suspended sentence, |
| |
|
| |
|
| |
|
(b) | a court has made an order under section 269(4) of the |
| |
Criminal Justice Act 2003 (determination of minimum term |
| |
in relation to mandatory life sentence: no early release) in |
| |
relation to the custodial sentence, or |
| |
(c) | the court has made an order under section 82A(4) of this Act |
| 5 |
(determination of minimum term in relation to discretionary |
| |
life sentence: no early release) in relation to the custodial |
| |
| |
(7) | Subsection (8) applies where an amending order provides that the |
| |
proportion of a prisoner’s sentence referred to in section 244(3)(a) or |
| 10 |
247(2) of the Criminal Justice Act 2003 (release of prisoners in certain |
| |
circumstances) is to be read as a reference to another proportion (“the |
| |
| |
(8) | The Secretary of State may by order— |
| |
(a) | if the amending order makes provision in respect of section |
| 15 |
244(3)(a) of that Act, provide that the proportion specified in |
| |
subsection (4)(h) of this section is to be read, in the case of a |
| |
custodial sentence to which the amending order applies, as a |
| |
reference to the new proportion; |
| |
(b) | if the amending order makes provision in respect of section |
| 20 |
247(2) of that Act, provide that the proportion specified in |
| |
subsection (4)(e) and (f) of this section is to be read, in the case |
| |
of a custodial sentence to which the amending order applies, |
| |
as a reference to the new proportion. |
| |
| 25 |
“amending order” means an order under section 267 of the |
| |
Criminal Justice Act 2003 (alteration by order of relevant |
| |
| |
“driving licence” means a licence to drive a motor vehicle |
| |
granted under Part 3 of the Road Traffic Act 1988; |
| 30 |
“suspended sentence” has the meaning given by section 189 of |
| |
the Criminal Justice Act 2003.” |
| |
(2) | In section 160(3) of that Act (orders subject to the affirmative resolution |
| |
procedure), after paragraph (a) insert— |
| |
“(aa) | an order under section 147A(8),”. |
| 35 |
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) |
| |
5 | After Article 91 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. |
| |
2008/1216 (N.I. 1)) insert— |
| |
“91A | Extension of disqualification where custodial sentence also imposed |
| |
(1) | This Article applies where a person is convicted of an offence for |
| 40 |
| |
(a) | imposes a custodial sentence, and |
| |
(b) | orders the person to be disqualified under Article 91 for |
| |
holding or obtaining a driving licence. |
| |
(2) | The order under Article 91 must provide for the person to be |
| 45 |
disqualified for the appropriate extension period, in addition to the |
| |
discretionary disqualification period. |
| |
|
| |
|
| |
|
(3) | The discretionary disqualification period is the period for which, in |
| |
the absence of this Article, the court would have disqualified the |
| |
| |
(4) | The appropriate extension period is— |
| |
(a) | where a court imposes a sentence under Article 45(2) of the |
| 5 |
Criminal Justice (Children) (Northern Ireland) Order 1998 |
| |
(S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: |
| |
indeterminate sentences), a period equal to the period |
| |
specified in the sentence under Article 45(2) of that Order less |
| |
| 10 |
(b) | where an order under Article 5(1) of the Life Sentences |
| |
(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) |
| |
(determination of tariffs) is made in relation to the custodial |
| |
sentence, a period equal to the part of the sentence specified |
| |
in that Order less any relevant discount; |
| 15 |
(c) | where Article 8(1) (sentence for a determinate term) applies |
| |
in relation to the custodial sentence, a period equal to the |
| |
custodial period specified pursuant to Article 8(2) less any |
| |
| |
(d) | where a court imposes a sentence under Article 13(3) |
| 20 |
(indeterminate custodial sentences for serious offences), a |
| |
period equal to the period specified pursuant to Article |
| |
13(3)(b) less any relevant discount; |
| |
(e) | where Article 14(3) (extended custodial sentences for certain |
| |
offences where the offender is aged over 21) applies in |
| 25 |
relation to the custodial sentence, a period equal to half of the |
| |
term imposed pursuant to Article 14(3)(a) calculated after |
| |
that term has been reduced by any relevant discount; |
| |
(f) | where Article 14(5) (extended custodial sentences for certain |
| |
offences where the offender is aged under 21) applies in |
| 30 |
relation to the custodial sentence, a period equal to half of the |
| |
term imposed pursuant to Article 14(5)(a) calculated after |
| |
that term has been reduced by any relevant discount; |
| |
(g) | in any other case, a period equal to half the custodial sentence |
| |
imposed calculated after that sentence has been reduced by |
| 35 |
| |
(5) | The “relevant discount” is the number of days by which the custodial |
| |
sentence is treated as reduced by virtue of section 26(2) of the |
| |
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods |
| |
in custody before sentence passed etc). |
| 40 |
(6) | This Article does not apply where— |
| |
(a) | the custodial sentence was a suspended sentence, or |
| |
(b) | a court has made an order under Article 5(3) of the Life |
| |
Sentences (Northern Ireland) Order 2001 (life sentence: no |
| |
early release) in relation to the custodial sentence. |
| 45 |
(7) | Paragraph (8) applies where an amending order provides that the |
| |
proportion of a prisoner’s sentence referred to in Article 18(2)(b) |
| |
(duty to release prisoners serving extended custodial sentences) is to |
| |
be read as a reference to another proportion (“the new proportion”). |
| |
|
| |
|