House of Commons portcullis
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”).

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 14 January 2009