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157 | Page 150, line 23, at end insert— |
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| “President of the Council |
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| (1) | The Lord Chief Justice is to have the title of President of the Sentencing |
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| Council for England and Wales. |
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| (2) | The President is not a member of the Council.” |
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158 | Page 151, line 4, leave out “2(1) or (2)” and insert “2” |
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159 | Page 151, line 20, at end insert— |
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| “Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) |
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| A1 | After Article 8 of the Criminal Justice (Northern Ireland) Order 1980 |
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| |
| “8A | Extension of disqualification where custodial sentence also |
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| |
| (1) | This Article applies where a person is convicted of an offence for |
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| |
| (a) | imposes a custodial sentence, and |
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| (b) | orders the person to be disqualified under Article 8 for |
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| holding or obtaining a driving licence or a provisional |
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| licence granted under Part 2 of the Road Traffic (Northern |
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| Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). |
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| (2) | The order under Article 8 must provide for the person to be |
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| disqualified for the appropriate extension period, in addition to |
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| the discretionary disqualification period. |
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| (3) | The discretionary disqualification period is the period for which, |
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| in the absence of this Article, the court would have disqualified |
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| the person under Article 8. |
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| (4) | The appropriate extension period is— |
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| (a) | where a court imposes a sentence under Article 45(2) of |
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| the Criminal Justice (Children) (Northern Ireland) Order |
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| 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave |
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| crimes: indeterminate sentences), a period equal to the |
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| period specified in the sentence under Article 45(2) of that |
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| Order less any relevant discount; |
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| (b) | where an order under Article 5(1) of the Life Sentences |
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| (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) |
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| (determination of tariffs) is made in relation to the |
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| custodial sentence, a period equal to the part of the |
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| sentence specified in that order less any relevant |
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| |
| (c) | where Article 8(1) of the Criminal Justice (Northern |
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| Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for |
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| a determinate term) applies in relation to the custodial |
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| sentence, a period equal to the custodial period specified |
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| |
| | |
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| pursuant to Article 8(2) of that Order less any relevant |
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| |
| (d) | where a court imposes a sentence under Article 13(3) of |
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| the Criminal Justice (Northern Ireland) Order 2008 |
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| (indeterminate custodial sentences for serious offences), a |
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| period equal to the period specified pursuant to Article |
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| 13(3)(b) of that Order less any relevant discount; |
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| (e) | where Article 14(3) of the Criminal Justice (Northern |
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| Ireland) Order 2008 (extended custodial sentences for |
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| certain offences where the offender is aged over 21) |
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| applies in relation to the custodial sentence, a period |
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| equal to half of the term imposed pursuant to Article |
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| 14(3)(a) of that Order calculated after that term has been |
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| reduced by any relevant discount; |
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| (f) | where Article 14(5) of the Criminal Justice (Northern |
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| Ireland) Order 2008 (extended custodial sentences for |
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| certain offences where the offender is aged under 21) |
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| applies in relation to the custodial sentence, a period |
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| equal to half of the term imposed pursuant to Article |
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| 14(5)(a) of that Order calculated after that term has been |
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| reduced by any relevant discount; |
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| (g) | in any other case, a period equal to half the custodial |
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| sentence imposed calculated after that sentence has been |
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| reduced by any relevant discount. |
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| (5) | If a period determined under paragraph (4) includes a fraction of |
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| a day, that period is to be rounded up to the nearest number of |
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| |
| (6) | The “relevant discount” is the number of days by which the |
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| custodial sentence is treated as reduced by virtue of section 26(2) |
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| of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) |
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| (periods in custody before sentence passed etc). |
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| (7) | This Article does not apply where— |
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| (a) | the custodial sentence was a suspended sentence, or |
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| (b) | the court has made an order under Article 5(3) of the Life |
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| Sentences (Northern Ireland) Order 2001 (life sentence: |
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| no early release) in relation to the custodial sentence. |
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| (8) | Paragraph (9) applies where an amending order provides that |
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| the proportion of a prisoner’s sentence referred to in Article |
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| 18(2)(b) of the Criminal Justice (Northern Ireland) Order 2008 |
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| (duty to release prisoners serving extended custodial sentences) |
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| is to be read as a reference to another proportion (“the new |
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| |
| (9) | The Secretary of State may by order provide that the proportion |
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| specified in paragraph (4)(e) and (f) of this Article is to be read, in |
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| the case of a custodial sentence to which the amending order |
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| applies, as a reference to the new proportion. |
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| (10) | An order under paragraph (9) is subject to annulment by a |
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| resolution of either House of Parliament in like manner as a |
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| statutory instrument and section 5 of the Statutory Instruments |
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| Act 1946 (instruments subject to annulment by resolution of |
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| either House of Parliament) applies accordingly. |
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| |
| | |
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| |
| “amending order” means an order under Article 18(9) of the |
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| Criminal Justice (Northern Ireland) Order 2008 |
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| (alteration by order of relevant part of sentence); |
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| “custodial sentence” has the meaning given by Article 4 of |
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| the Criminal Justice (Northern Ireland) Order 2008; |
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| “suspended sentence” means a suspended sentence or order |
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| for detention under section 18 of the Treatment of |
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| Offenders Act (Northern Ireland) 1968. |
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| 8B | Effect of custodial sentence in other cases |
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| (1) | This Article applies where a person is convicted of an offence for |
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| which a court proposes to order the person to be disqualified |
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| under Article 8 for holding or obtaining a driving licence or a |
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| provisional licence granted under Part 2 of the Road Traffic |
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| (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) and— |
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| (a) | the court proposes to impose on the person a custodial |
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| sentence (other than a suspended sentence) for another |
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| |
| (b) | at the time of sentencing for the offence, a custodial |
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| sentence imposed on the person on an earlier occasion |
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| |
| (2) | In determining the period for which the person is to be |
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| disqualified under Article 8, the court must have regard to the |
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| consideration in paragraph (3) if and to the extent that it is |
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| |
| (3) | The consideration is the diminished effect of disqualification as a |
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| distinct punishment if the person who is disqualified is also |
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| detained in pursuance of a custodial sentence. |
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| (4) | If the court proposes to order the person to be disqualified under |
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| Article 8 and to impose a custodial sentence for the same offence, |
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| the court may not in relation to that disqualification take that |
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| custodial sentence into account for the purposes of paragraph (2). |
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| (5) | In this Article “custodial sentence” and “suspended sentence” |
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| have the same meaning as in Article 8A.”” |
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160 | Page 152, line 35, at end insert— |
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| “(4A) | If a period determined under subsection (4) includes a fraction of a day, |
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| that period is to be rounded up to the nearest number of whole days.” |
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161 | Page 153, line 28, at end insert— |
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| “35AA | Effect of custodial sentence in other cases |
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| (1) | This section applies where a person is convicted in England and Wales of |
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| an offence for which a court proposes to order the person to be disqualified |
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| under section 34 or 35 and— |
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| (a) | the court proposes to impose on the person a custodial sentence |
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| (other than a suspended sentence) for another offence, or |
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| (b) | at the time of sentencing for the offence, a custodial sentence |
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| imposed on the person on an earlier occasion has not expired. |
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|
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| |
| | |
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| (2) | In determining the period for which the person is to be disqualified under |
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| section 34 or 35, the court must have regard to the consideration in |
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| subsection (3) if and to the extent that it is appropriate to do so. |
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| (3) | The consideration is the diminished effect of disqualification as a distinct |
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| punishment if the person who is disqualified is also detained in pursuance |
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| |
| (4) | If the court proposes to order the person to be disqualified under section 34 |
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| or 35 and to impose a custodial sentence for the same offence, the court may |
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| not in relation to that disqualification take that custodial sentence into |
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| account for the purposes of subsection (2). |
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| (5) | In this section “custodial sentence” and “suspended sentence” have the |
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| same meaning as in section 35A.”” |
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162 | Page 153, line 29, leave out “35A” and insert “35AA” |
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163 | Page 154, line 4, at end insert— |
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| “(4A) | If a period determined under subsection (4) includes a fraction of a day, |
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| that period is to be rounded up to the nearest number of whole days.” |
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164 | Page 154, line 36, leave out from “includes” to second “of” in line 37 and insert— |
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| |
| (a) | an order for detention in residential accommodation under |
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| section 44 of the 1995 Act, and |
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| (b) | a sentence of detention under section 205, 207 or 208” |
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165 | Page 154, line 37, at end insert— |
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| “35C | Effect of sentence of imprisonment in other cases: Scotland |
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| (1) | This section applies where a person is convicted in Scotland of an offence |
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| for which a court proposes to order the person to be disqualified under |
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| |
| (a) | the court proposes to impose on the person a sentence of |
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| imprisonment for another offence, or |
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| (b) | at the time of sentencing for the offence, a sentence of imprisonment |
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| imposed on the person on an earlier occasion has not expired. |
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| (2) | In determining the period for which the person is to be disqualified under |
|
| section 34 or 35, the court must have regard to the consideration in |
|
| subsection (3) if and to the extent that it is appropriate to do so. |
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| (3) | The consideration is the diminished effect of disqualification as a distinct |
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| punishment if the person who is disqualified is also detained in pursuance |
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| of a sentence of imprisonment. |
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| (4) | If the court proposes to order the person to be disqualified under section 34 |
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| or 35 and to impose a sentence of imprisonment for the same offence, the |
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| court may not in relation to that disqualification take that sentence of |
|
| imprisonment into account for the purposes of subsection (2). |
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| (5) | In this section “sentence of imprisonment” has the same meaning as in |
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| |
166 | Page 155, line 16, at end insert— |
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|
|
| |
| | |
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| “(4A) | If a period determined under subsection (4) includes a fraction of a day, |
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| that period is to be rounded up to the nearest number of whole days.” |
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167 | Page 155, line 47, leave out from “includes” to second “of” in line 48 and insert— |
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| |
| (a) | an order for detention in residential accommodation under |
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| section 44 of this Act, and |
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| (b) | a sentence of detention under section 205, 207 or 208” |
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168 | Page 155, line 48, at end insert— |
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| “248E | Effect of sentence of imprisonment in other cases |
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| (1) | This section applies where a person is convicted of an offence for which a |
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| court proposes to order the person to be disqualified under section 248 or |
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| 248A from holding or obtaining a driving licence and— |
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| (a) | the court proposes to impose on the person a sentence of |
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| imprisonment for another offence, or |
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| (b) | at the time of sentencing for the offence, a sentence of imprisonment |
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| imposed on the person on an earlier occasion has not expired. |
|
| (2) | In determining the period for which the person is to be disqualified under |
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| section 248 or 248A, the court must have regard to the consideration in |
|
| subsection (3) if and to the extent that it is appropriate to do so. |
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| (3) | The consideration is the diminished effect of disqualification as a distinct |
|
| punishment if the person who is disqualified is also detained in pursuance |
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| of a sentence of imprisonment. |
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| (4) | If the court proposes to order the person to be disqualified under section |
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| 248 or 248A and to impose a sentence of imprisonment for the same |
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| offence, the court may not in relation to that disqualification take that |
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| sentence of imprisonment into account for the purposes of subsection (2). |
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| (5) | In this section “sentence of imprisonment” has the same meaning as in |
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| |
169 | Page 157, line 3, at end insert— |
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| “(4A) | If a period determined under paragraph (4) includes a fraction of a day, |
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| that period is to be rounded up to the nearest number of whole days.” |
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170 | Page 157, line 35, at end insert— |
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| “40B | Effect of custodial sentence in other cases |
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| (1) | This Article applies where a person is convicted of an offence for which a |
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| court proposes to order the person to be disqualified under Article 35 or 40 |
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| |
| (a) | the court proposes to impose on the person a custodial sentence |
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| (other than a suspended sentence) for another offence, or |
|
| (b) | at the time of sentencing for the offence, a custodial sentence |
|
| imposed on the person on an earlier occasion has not expired. |
|
| (2) | In determining the period for which the person is to be disqualified under |
|
| Article 35 or 40, the court must have regard to the consideration in |
|
| paragraph (3) if and to the extent that it is appropriate to do so. |
|
|
|
| |
| | |
|
| (3) | The consideration is the diminished effect of disqualification as a distinct |
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| punishment if the person who is disqualified is also detained in pursuance |
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| |
| (4) | If the court proposes to order the person to be disqualified under Article 35 |
|
| or 40 and to impose a custodial sentence for the same offence, the court may |
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| not in relation to that disqualification take that custodial sentence into |
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| account for the purposes of paragraph (2). |
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| (5) | In this Article “custodial sentence” and “suspended sentence” have the |
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| same meaning as in Article 40A.”” |
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171 | Page 158, line 44, at end insert— |
|
| “(4A) | If a period determined under subsection (4) includes a fraction of a day, |
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| that period is to be rounded up to the nearest number of whole days.” |
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172 | Page 159, line 32, at end insert— |
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| “147B | Effect of custodial sentence in other cases |
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| (1) | This section applies where a person is convicted of an offence for which a |
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| court proposes to order the person to be disqualified under section 146 or |
|
| 147 for holding or obtaining a driving licence and— |
|
| (a) | the court proposes to impose on the person a custodial sentence |
|
| (other than a suspended sentence) for another offence, or |
|
| (b) | at the time of sentencing for the offence, a custodial sentence |
|
| imposed on the person on an earlier occasion has not expired. |
|
| (2) | In determining the period for which the person is to be disqualified under |
|
| section 146 or 147, the court must have regard to the consideration in |
|
| subsection (3) if and to the extent that it is appropriate to do so. |
|
| (3) | The consideration is the diminished effect of disqualification as a distinct |
|
| punishment if the person who is disqualified is also detained in pursuance |
|
| |
| (4) | If the court proposes to order the person to be disqualified under section |
|
| 146 or 147 and to impose a custodial sentence for the same offence, the |
|
| court may not in relation to that disqualification take that custodial |
|
| sentence into account for the purposes of subsection (2). |
|
| (5) | In this section “suspended sentence” has the same meaning as in section |
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| |
173 | Page 160, line 36, at end insert— |
|
| “(4A) | If a period determined under paragraph (4) includes a fraction of a day, |
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| that period is to be rounded up to the nearest number of whole days.” |
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174 | Page 161, line 12, at end insert— |
|
| “91B | Effect of custodial sentence in other cases |
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| (1) | This Article applies where a person is convicted of an offence for which a |
|
| court proposes to order the person to be disqualified under Article 91 for |
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| holding or obtaining a driving licence and— |
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| (a) | the court proposes to impose on the person a custodial sentence |
|
| (other than a suspended sentence) for another offence, or |
|
|
|
| |
| | |
|
| (b) | at the time of sentencing for the offence, a custodial sentence |
|
| imposed on the person on an earlier occasion has not expired. |
|
| (2) | In determining the period for which the person is to be disqualified under |
|
| Article 91, the court must have regard to the consideration in paragraph (3) |
|
| if and to the extent that it is appropriate to do so. |
|
| (3) | The consideration is the diminished effect of disqualification as a distinct |
|
| punishment if the person who is disqualified is also detained in pursuance |
|
| |
| (4) | If the court proposes to order the person to be disqualified under Article 91 |
|
| and to impose a custodial sentence for the same offence, the court may not |
|
| in relation to that disqualification take that custodial sentence into account |
|
| for the purposes of paragraph (2). |
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| (5) | In this Article “custodial sentence” and “suspended sentence” have the |
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| same meaning as in Article 91A.”” |
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|
175 | Page 167, line 27, leave out paragraph (b) and insert— |
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| |
| (i) | after “service disciplinary proceedings” insert “(other |
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| than proceedings for a member State service offence)”, |
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| |
| (ii) | for “that Act” substitute “the Armed Forces Act 2006”, |
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| |
176 | Page 170, line 41, after “offence” insert “committed after the relevant date” |
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177 | Page 171, line 6, at the end insert— |
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| “( ) | “relevant date” means— |
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| (i) | where the corresponding UK offence was a class A drug |
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| trafficking offence, the relevant date referred to in section |
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| |
| (ii) | where the corresponding UK offence was a domestic |
|
| burglary, the relevant date referred to in section |
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| |
|
178 | Page 179, line 19, at end insert— |
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| “ | In section 20 of that Act (duty to notify changes), in subsection (2)— |
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| (a) | omit “that at any time”, |
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| (b) | at the beginning of paragraph (a) insert “that at any time”, |
|
| (c) | before “and” at the end of that paragraph insert— |
|
| “(aa) | that the correct fee is paid under section 19(4),”, |
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| |
| (d) | at the beginning of paragraph (b) insert “that at any time”.” |
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179 | Page 179, line 26, leave out ““, 41A(8)”” and insert ““, 41AB(2)”” |
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180 | Page 179, line 27, at end insert “— |
|
| (a) | in subsection (4) insert at the appropriate place— |
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| “section 41A(2)(c),”, and” |
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|