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Coroners and Justice Bill


Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving

202

 

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

to Article 40A)”.

      (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

period”)”,

(c)   

in paragraph (3), after “Article 35”, in both places where it occurs

insert, “(disregarding any extension period added pursuant to

Article 40A)”,

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”,

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(b)   

in paragraph (2)—

(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

and

(iii)   

for “reduced period” substitute “the total reduced period of

disqualification”, and

(c)   

after that paragraph insert—

“(2A)   

For the purposes of this Article—

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“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

under Article 36;

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)—

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving

203

 

(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

in paragraph (5).”,

(d)   

in paragraph (6)—

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

“(6A)   

In paragraph (6)—

“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

under this Article;

“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

40A)”,

(c)   

in sub-paragraph (b) of that paragraph, after “4 years” insert

“(disregarding any extension period added pursuant to Article

40

40A)”, and

(d)   

after that paragraph insert—

“(3A)   

In paragraph (3) “relevant date” means—

(a)   

the date of the order by which the disqualification

was imposed, or

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)

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 8 — Miscellaneous

204

 

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

subsection (3) insert—

“(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)

Order 1996;

(d)   

section 147A of the Powers of Criminal Courts (Sentencing)

Act 2000;

15

(e)   

Article 91A of the Criminal Justice (Northern Ireland) Order

2008.”

Part 8

Miscellaneous

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

House of Parliament.”

      (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

proceedings, and”.

35

      (3)  

After that subsection insert—

“(2B)   

For the purposes of subsection (2A)(a) “service disciplinary

proceedings” means—

(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

 
 

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 1 — Coroners etc

205

 

any of those Acts to award a punishment in respect of any

offence), and

(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),”.

Schedule 20

Section 156

 

Transitional, transitory and saving provisions

Part 1

Coroners etc

15

Coroner areas

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

Schedule 2

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

the transitional order.

      (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).

Relevant authorities

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.

 
 

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 1 — Coroners etc

206

 

      (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

      (2)  

A person who—

(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

      (3)  

A person who—

(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

4          

In relation to—

(a)   

any time before the commencement of the repeal by this Act of the

1988 Act, or

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

set out in the order.

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).

Interpretation

7          

In this Part—

“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;

 
 

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 2 — Criminal offences

207

 

“corresponding coroner area”, in relation to a district, means the

coroner area that (by virtue of the transitional order) has the same

area as that district;

“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).

Part 2

Criminal offences

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

particular time if—

(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.

Suicide

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—

 
 

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 2 — Criminal offences

208

 

“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

such an offence;

“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

 
 

 
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