Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
153

(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
imprisonment imposed.
(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
2007 Act”).
(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
Parliament.
(9)
In this section—
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
Act;
“extended sentence” has the meaning given by section 210A of
30
the 1995 Act;
“life prisoner” has the meaning given by section 4 of the 2007
Act;
“punishment part” has the meaning given by section 4 of the
2007 Act;
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
imposed
(1)
This section applies where a person is convicted of an offence for
which the court—
(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.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
154

(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
imprisonment;
(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
imprisonment imposed.
(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
2007 Act”).
(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
Parliament.
(9)
In this section—
“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
210A(2)(a) of this Act;
“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
Act;
40
“extended sentence” has the meaning given by section 210A of
this Act;
“life prisoner” has the meaning given by section 4 of the 2007
Act;
“punishment part” has the meaning given by section 4 of the
45
2007 Act;
“sentence of imprisonment” includes a sentence of detention
within the meaning of section 207 of this Act.”

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
155

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
which the court—
(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
any relevant discount;
(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
discount;
(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;

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
156

(g)
in any other case, a period equal to half the custodial sentence
imposed calculated after that sentence has been reduced by
any relevant discount.
(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.
(10)
In this Article—
“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.
6) insert—
“147A
Extension of disqualification where custodial sentence also imposed
(1)
This section applies where a person is convicted of an offence for
40
which the court—
(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.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
157

(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
in that order;
(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
discount;
(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
discount;
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
discount;
(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
in that order;
(h)
in any other case, a period equal to half the custodial sentence
imposed calculated after that sentence has been reduced by
any relevant discount.
(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,

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
158

(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
sentence.
(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
new proportion”).
(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.
(9)
In this section—
25
“amending order” means an order under section 267 of the
Criminal Justice Act 2003 (alteration by order of relevant
proportion of sentence);
“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
which the court—
(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.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
159

(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 91.
(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
any relevant discount;
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
relevant discount;
(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
any relevant discount.
(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”).