|
| |
|
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) |
| |
80 (1) | The Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 |
| |
(N.I. 10)) is amended as follows. |
| |
(2) | In Article 35(4) (disqualification for certain offences), in sub-paragraph (b) |
| |
after “or more” insert “(disregarding any extension period added pursuant |
| 5 |
| |
(3) | In Article 36 (reduced disqualification period for attendance on courses)— |
| |
(a) | in paragraph (1)(b), after “months” insert “(disregarding any |
| |
extension period added pursuant to Article 40A)”, |
| |
(b) | in paragraph (2), after “Article 35” insert “(disregarding any |
| 10 |
extension period added pursuant to Article 40A) (“the unreduced |
| |
| |
(c) | in paragraph (3), after “Article 35”, in both places where it occurs |
| |
insert, “(disregarding any extension period added pursuant to |
| |
| 15 |
(d) | after that paragraph insert— |
| |
“(3A) | “The reduced period” is the period of disqualification |
| |
imposed under Article 35 of this Order (disregarding any |
| |
extension period added pursuant to Article 40A) as reduced |
| |
by an order under this Article.”, and |
| 20 |
(e) | in paragraph (5), at the end insert “but including any extension |
| |
period added pursuant to Article 40A”. |
| |
(4) | In Article 37 (certificates of completion of courses)— |
| |
(a) | in paragraph (1), for “period of disqualification imposed under |
| |
Article 35” substitute “total unreduced period of disqualification”, |
| 25 |
| |
(i) | for “period of disqualification imposed under Article 35” |
| |
substitute “total unreduced period of disqualification”, |
| |
(ii) | for “end of the period as it would have been reduced by the |
| |
order” substitute “total reduced period of disqualification”, |
| 30 |
| |
(iii) | for “reduced period” substitute “the total reduced period of |
| |
| |
(c) | after that paragraph insert— |
| |
“(2A) | For the purposes of this Article— |
| 35 |
“the total reduced period of disqualification” means the |
| |
period of disqualification imposed under Article 35 |
| |
(including any extension period added to that period |
| |
pursuant to Article 40A), as reduced by an order |
| |
| 40 |
“the total unreduced period of disqualification” means |
| |
the period of disqualification imposed under Article |
| |
35 (including any such extension period), |
| |
disregarding any reduction by such an order.” |
| |
(5) | In Article 38A (as inserted by Article 60 of the Criminal Justice (Northern |
| 45 |
Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (reduced disqualification |
| |
period: alcohol ignition interlock programme orders)— |
| |
|
| |
|
| |
|
(a) | in paragraph (1)(d), after “Article” insert “and disregarding any |
| |
extension period added pursuant to Article 40A”, |
| |
(b) | in paragraph (3), after “specify” insert “as the period of |
| |
disqualification under Article 35 (disregarding any extension period |
| |
added pursuant to Article 40A)”, |
| 5 |
(c) | after paragraph (5) insert— |
| |
“(5A) | An appropriate extension period (within the meaning of |
| |
Article 40A) is not to be added to the further order referred to |
| |
| |
| 10 |
(i) | in sub-paragraph (a), for “unreduced period” substitute |
| |
“total unreduced period of disqualification”, and |
| |
(ii) | in sub-paragraph (b), for “reduced period” substitute “total |
| |
reduced period of disqualification”, and |
| |
(e) | after that paragraph insert— |
| 15 |
| |
“total reduced period of disqualification” means the |
| |
period of disqualification imposed under Article 35 |
| |
(including any extension period added to that period |
| |
pursuant to Article 40A), as reduced by an order |
| 20 |
| |
“total unreduced period of disqualification” means the |
| |
period of disqualification imposed under Article 35 |
| |
(including any such extension period), disregarding |
| |
any reduction by such an order.” |
| 25 |
(6) | In Article 40(3) (disqualification for repeated offences) after “or more” insert |
| |
“(disregarding any extension period added pursuant to Article 40A)”. |
| |
(7) | In Article 42(2) (effect of order of disqualification)— |
| |
(a) | after “days” insert “(disregarding any extension period added |
| |
pursuant to Article 40A)”, and |
| 30 |
(b) | after “period of disqualification” insert “(including any extension |
| |
period added pursuant to Article 40A)”. |
| |
(8) | In Article 47 (removal of disqualification)— |
| |
(a) | in paragraph (3), for “date of the order by which the disqualification |
| |
was imposed” substitute “relevant date”, |
| 35 |
(b) | in sub-paragraph (a) of that paragraph, after “4 years” insert |
| |
“(disregarding any extension period added pursuant to Article |
| |
| |
(c) | in sub-paragraph (b) of that paragraph, after “4 years” insert |
| |
“(disregarding any extension period added pursuant to Article |
| 40 |
| |
(d) | after that paragraph insert— |
| |
“(3A) | In paragraph (3) “relevant date” means— |
| |
(a) | the date of the order by which the disqualification |
| |
| 45 |
(b) | in a case where an extended period of disqualification |
| |
is imposed pursuant to Article 40A, the later date |
| |
calculated by adding to the date in sub-paragraph (a) |
| |
|
| |
|
| |
|
a period equal to the extension period imposed |
| |
pursuant to Article 40A.” |
| |
Crime (International Co-operation) Act 2003 (c. 32) |
| |
81 | In section 54 of the Crime (International Co-operation) Act 2003 (c. 32) |
| |
(application of provisions requiring notice of driving disqualifications), after |
| 5 |
| |
“(3A) | When determining whether the period of disqualification is not less |
| |
than the minimum period, any extension period imposed pursuant |
| |
to any of the following is to be disregarded— |
| |
(a) | section 35A or 35B of the Road Traffic Offenders Act 1988; |
| 10 |
(b) | section 248D of the Criminal Procedure (Scotland) Act 1995; |
| |
(c) | Article 40A of the Road Traffic Offenders (Northern Ireland) |
| |
| |
(d) | section 147A of the Powers of Criminal Courts (Sentencing) |
| |
| 15 |
(e) | Article 91A of the Criminal Justice (Northern Ireland) Order |
| |
| |
| |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| 20 |
82 (1) | Section 160 of the Powers of Criminal Courts (Sentencing) Act 2000 (rules |
| |
and orders) is amended as follows. |
| |
(2) | For subsection (2) substitute— |
| |
“(2) | A statutory instrument containing any order under section 107(1)(e) |
| |
shall be subject to annulment in pursuance of a resolution of either |
| 25 |
| |
(3) | For subsection (5) substitute— |
| |
“(5) | An order under section 107(1)(e) may make different provision for |
| |
different cases or classes of case.” |
| |
Criminal Justice Act 2003 (c. 44) |
| 30 |
83 (1) | Section 229 of the Criminal Justice Act 2003 (the assessment of |
| |
dangerousness) is amended as follows. |
| |
(2) | In subsection (2A), for paragraph (a) substitute— |
| |
“(a) | a conviction of an offence in any service disciplinary |
| |
| 35 |
(3) | After that subsection insert— |
| |
“(2B) | For the purposes of subsection (2A)(a) “service disciplinary |
| |
| |
(a) | any proceedings under the Army Act 1955, the Air Force Act |
| |
1955 or the Naval Discipline Act 1957 (whether before a |
| 40 |
court-martial or any other court or person authorised under |
| |
|
| |
|
| |
|
any of those Acts to award a punishment in respect of any |
| |
| |
(b) | any proceedings before a Standing Civilian Court; |
| |
| and “conviction” includes the recording of a finding that a charge in |
| |
respect of the offence has been proved.” |
| 5 |
Animal Welfare Act 2006 (c. 45) |
| |
84 | Section 8(6) of the Animal Welfare Act 2006 (penalties for offences relating |
| |
to provision of information society services) ceases to have effect. |
| |
Legal Services Act 2007 (c. 29) |
| |
85 | In Schedule 23 to the Legal Services Act 2007, in the second column of the |
| 10 |
entry for the Constitutional Reform Act 2005 (c. 4), omit “1(2),”. |
| |
| |
| |
Transitional, transitory and saving provisions |
| |
| |
| 15 |
| |
1 (1) | Where an order is made under section 161(4) bringing into force the repeal |
| |
of sections 1 to 7 of the 1988 Act (coroners, coroners’ districts and deputy |
| |
coroners), the Lord Chancellor must make an order under paragraph 1 of |
| |
| 20 |
(a) | specifying as a coroner area the area of each coroner’s district |
| |
immediately before the repeal, and |
| |
(b) | coming into force at the same time as the repeal. |
| |
| The order made by virtue of this sub-paragraph is referred to in this |
| |
Schedule as the “transitional order”. |
| 25 |
(2) | Paragraph 1(2) of Schedule 2 does not apply to the coroner areas specified in |
| |
| |
(3) | The transitional order must specify, as the name of each coroner area, the |
| |
name by which the corresponding coroner’s district was known (but ending |
| |
“coroner area” instead of “coroner’s district”). |
| 30 |
(4) | The transitional order must, in relation to each coroner area, contain the |
| |
provision that may be made under paragraph 2(1)(b) of Schedule 3 |
| |
(minimum number of assistant coroners). |
| |
| |
2 (1) | For the purposes of this Part, the “relevant authority” for each coroner area |
| 35 |
specified in the transitional order is the authority that was the relevant |
| |
council under the 1988 Act for the corresponding coroner’s district. |
| |
|
| |
|
| |
|
(2) | This paragraph does not apply in relation to a coroner area specified in any |
| |
subsequent order under Schedule 2. |
| |
Senior and assistant coroners |
| |
3 (1) | Sub-paragraphs (2) and (3) apply on the coming into force of the repeal by |
| |
this Act of sections 1 to 7 of the 1988 Act. |
| 5 |
| |
(a) | immediately before the repeal was the coroner for a district, and |
| |
(b) | would, but for the repeal, continue in office, |
| |
| is to be treated as having been appointed under paragraph 1(1) of Schedule |
| |
3 as the senior coroner for the corresponding coroner area. |
| 10 |
| |
(a) | immediately before the repeal was the deputy coroner or an assistant |
| |
deputy coroner appointed by the coroner for a district, and |
| |
(b) | would, but for the repeal, continue in office, |
| |
| is to be treated as having been appointed under paragraph 2(4) of Schedule |
| 15 |
3 as an assistant coroner for the corresponding coroner area. |
| |
(4) | Paragraphs 3 and 4 of Schedule 3 do not apply in relation to a deemed |
| |
appointment under sub-paragraph (2) or (3) above. |
| |
(5) | Paragraph 10 of that Schedule does not apply to a person who becomes a |
| |
senior coroner, area coroner or assistant coroner as the result of sub- |
| 20 |
paragraph (2) or (3) above. |
| |
Certified investigations and inquests |
| |
| |
(a) | any time before the commencement of the repeal by this Act of the |
| |
| 25 |
(b) | any inquest under the 1988 Act that has begun, but has not been |
| |
concluded, before the commencement of sections 11 and 12, |
| |
| an order made by the Lord Chancellor may provide for that Act to have |
| |
effect subject to provisions set out in the order that correspond with those |
| |
contained in sections 11 and 12, and with any consequential modifications |
| 30 |
| |
5 | Section 13 has effect in relation to inquests that have begun, but have not |
| |
been concluded, before the day on which that section comes into force (as |
| |
well as to inquests beginning on or after that day). |
| |
6 | Paragraph 3 of Schedule 9 has effect in relation to inquests that have begun, |
| 35 |
but have not been concluded, before the day on which that paragraph comes |
| |
into force (as well as to inquests beginning on or after that day). |
| |
| |
| |
“the 1988 Act” means the Coroners Act 1988 (c. 13); |
| 40 |
“coroner’s district” or “district” means a coroner’s district for the |
| |
purposes of the 1988 Act; |
| |
|
| |
|
| |
|
“corresponding coroner area”, in relation to a district, means the |
| |
coroner area that (by virtue of the transitional order) has the same |
| |
| |
“corresponding coroner’s district”, in relation to a coroner area, means |
| |
the coroner’s district whose area becomes (by virtue of the |
| 5 |
transitional order) the area of that coroner area; |
| |
“transitional order” means the order made by virtue of paragraph 1(1). |
| |
| |
| |
Commencement of Chapter 1 of Part 2 |
| 10 |
8 (1) | Nothing in Chapter 1 of Part 2 affects the operation of— |
| |
(a) | any rule of the common law, or |
| |
(b) | any provision of an Act or of subordinate legislation, |
| |
| in relation to offences committed wholly or partly before the |
| |
commencement of the provision in question. |
| 15 |
(2) | For the purposes of this paragraph an offence is partly committed before a |
| |
| |
(a) | a relevant event occurs before that time, and |
| |
(b) | another relevant event occurs at or after that time. |
| |
(3) | “Relevant event” in relation to an offence means any act, omission or other |
| 20 |
event (including any consequence of an act) proof of which is required for |
| |
conviction of the offence. |
| |
| |
9 | The reference to “aiding, abetting, counselling or procuring suicide” in the |
| |
following enactments is to be read as including a reference to “an offence |
| 25 |
under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide) |
| |
in connection with the death of a person”— |
| |
(a) | section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18); |
| |
(b) | section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19); |
| |
(c) | section 48(2) of the Naval Discipline Act 1957 (c. 53). |
| 30 |
10 | Until such time as the following provisions of the Coroners Act 1988 (c. 13) |
| |
are repealed by this Act, they have effect with the following amendments— |
| |
(a) | in section 16(1)(a)(iii) for “consisting of aiding, abetting, counselling |
| |
or procuring the suicide of the deceased” substitute “(encouraging or |
| |
assisting suicide) in connection with the death of the deceased”, |
| 35 |
(b) | in section 17(1)(c) for “consisting of aiding, abetting, counselling or |
| |
procuring the suicide of another” substitute “(encouraging or |
| |
assisting suicide) in connection with a death”, and |
| |
(c) | in section 17(2)(c) for “consisting of aiding, abetting, counselling or |
| |
procuring the suicide of another” substitute “(encouraging or |
| 40 |
assisting suicide) in connection with a death”. |
| |
11 (1) | In this paragraph— |
| |
|
| |
|
| |
|
“old offence” means an offence under section 2(1) of the Suicide Act |
| |
1961 as that section had effect before the section 46 commencement |
| |
date, or an attempt to commit such an offence; |
| |
“new offence” means an offence under section 2(1) of that Act as that |
| |
Act is amended by section 46 of this Act. |
| 5 |
(2) | Sub-paragraph (3) applies where— |
| |
(a) | a person (“the defendant”) is charged in respect of the same conduct |
| |
with both an old offence and a new offence, |
| |
(b) | the only thing preventing the defendant from being found guilty of |
| |
the new offence is the fact that it has not been proved beyond |
| 10 |
reasonable doubt that the offence was committed wholly after the |
| |
section 46 commencement date, and |
| |
(c) | the only thing preventing the defendant from being found guilty of |
| |
the old offence is the fact that it has not been proved beyond |
| |
reasonable doubt that the offence was committed wholly or partly |
| 15 |
before the section 46 commencement date. |
| |
(3) | For the purpose of determining the guilt of the defendant it is to be |
| |
conclusively presumed that the offence was committed wholly or partly |
| |
before the section 46 commencement date. |
| |
(4) | For this purpose “the section 46 commencement date” means the day |
| 20 |
appointed under section 161 for the coming into force of section 46. |
| |
12 (1) | In this paragraph— |
| |
“old offence” means an offence under section 13(1) of the Criminal |
| |
Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect |
| |
before the section 47 commencement date, or an attempt to commit |
| 25 |
| |
“new offence” means an offence under section 13(1) of that Act as that |
| |
Act is amended by section 47 of this Act. |
| |
(2) | Sub-paragraph (3) applies where— |
| |
(a) | a person (“the defendant”) is charged in respect of the same conduct |
| 30 |
with both an old offence and a new offence, |
| |
(b) | the only thing preventing the defendant from being found guilty of |
| |
the new offence is the fact that it has not been proved beyond |
| |
reasonable doubt that the offence was committed wholly after the |
| |
section 47 commencement date, and |
| 35 |
(c) | the only thing preventing the defendant from being found guilty of |
| |
the old offence is the fact that it has not been proved beyond |
| |
reasonable doubt that the offence was committed wholly or partly |
| |
before the section 47 commencement date. |
| |
(3) | For the purpose of determining the guilt of the defendant it is to be |
| 40 |
conclusively presumed that the offence was committed wholly or partly |
| |
before the section 47 commencement date. |
| |
(4) | For this purpose “the section 47 commencement date” means the day |
| |
appointed under section 161 for the coming into force of section 47. |
| |
Prohibited images of children |
| 45 |
13 (1) | In section 53(3)(a) in its application in relation to England and Wales the |
| |
reference to 12 months is to be read as a reference to 6 months in relation to |
| |
|
| |
|