Criminal Justice (Sentencing etc) Bill - Road Traffic Offences - Northern Ireland Assembly

Road Traffic Offences

Clause 40 - Causing death or grievous bodily injury by driving while disqualified

Clause 41 - Period of imprisonment for certain offences

Clause 42 - Period of imprisonment for certain repeat offences

Clause 43 - Disqualification period for certain offences

Clause 44 - Disqualification period for certain repeat offences

Clause 45 - Extension of disqualification for driving

Schedule 6

Clauses 40 - 45 Clauses 40 - 45

PART 7

ROAD TRAFFIC OFFENCES

Causing death or grievous bodily injury by driving while disqualified

40.—(1) After Article 12B of the Road Traffic (Northern Ireland) Order 1995 insert—

“Causing death or grievous bodily injury by driving: disqualified driver

12C. A person is guilty of an offence under this Article if the person—

(a) causes the death of, or grievous bodily injury to, another person by driving a motor vehicle on a road, and

(b) at that time, is committing an offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (driving while disqualified).”.

(2) In Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (offences under road traffic Orders), after the entry relating to Article 12B of the Road Traffic (Northern Ireland) Order 1995, insert—

Period of imprisonment for certain offences

41.—(1) Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (offences under road traffic Orders) is amended as follows.

(2) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (causing death, or grievous bodily injury, by dangerous driving), in column 4, for “14 years” substitute “20 years”.

(3) In the entry relating to Article 14 of the Road Traffic (Northern Ireland) Order 1995 (causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs), in column 4, for “14 years” substitute “20 years”.

Period of imprisonment for certain repeat offences

42. After Article 34 of the Road Traffic Offenders (Northern Ireland) Order 1996 (fine and imprisonment) insert—

“Maximum sentence for certain repeat offences

34A.—(1) This Article applies where—

(a) a person has been convicted of an offence (“the earlier offence”) under—

(i) Article 9 of the Order of 1995 (causing death, or grievous bodily injury, by dangerous driving), or

(ii) Article 14 of that Order (causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs), and

(b) the person is convicted of a further such offence (“the new offence”) during the relevant period.

(2) For the purposes of determining the maximum imprisonment that may be imposed on the person in respect of the new offence, the entries shown in column 4 of Part 1 of Schedule 1 against the provisions specified in paragraph (1)(a) apply as if the references to “20 years” were references to “imprisonment for life”.

(3) In paragraph (1)(b), “the relevant period” means—

(a) if the court imposed a custodial sentence (other than a suspended sentence) on the person for the earlier offence, the period—

(i) beginning with the date of conviction for the earlier offence, and

(ii) ending 10 years after the date on which the person has served the required custodial period;

(b) in any other case, the period of 10 years, beginning with the date of conviction for the earlier offence.

(4) In paragraph (3)(a)(ii), “the required custodial” period means—

(a) where a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of grave crimes: indeterminate sentences), the period specified in the sentence under Article 45(2A) of that Order;

(b) where an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

(c) where Article 8(1) of the Criminal Justice (Northern Ireland) Order 2008 (sentence for a determinate term) applies in relation to the custodial sentence, the custodial period specified pursuant to Article 8(2) of that Order;

(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), the period specified pursuant to Article 13(3)(b) of that Order;

(e) where a court imposes a sentence under Article 13A(5) of the Criminal Justice (Northern Ireland) Order 2008 (serious terrorism sentence where the offender is aged over 21), the term imposed pursuant to Article 13A(5)(a) of that Order;

(f) where a court imposes a sentence under Article 13A(6) of the Criminal Justice (Northern Ireland) Order 2008 (serious terrorism sentence where the offender is aged under 21), the term imposed pursuant to Article 13A(6)(a) of that Order;

(g) 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 custodial sentence—

(i) if Article 18 of that Order applies, half of the term imposed pursuant to Article 14(3)(a) of that Order;

(ii) if Article 20A of that Order applies but the sentence is not within paragraph (2A) of that Article, two-thirds of the term imposed pursuant to Article 14(3)(a) of that Order;

(iii) if Article 20A of that Order applies and the sentence is within paragraph (2A) of that Article, the term imposed pursuant to Article 14(3)(a) of that Order;

(h) where Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence—

(i) if Article 18 of that Order applies, half of the term imposed pursuant to Article 14(5)(a) of that Order;

(ii) if Article 20A of that Order applies but the sentence is not within paragraph (2A) of that Article, two-thirds of the term imposed pursuant to Article 14(5)(a) of that Order;

(iii) if Article 20A of that Order applies and the sentence is within paragraph (2A) of that Article, the term imposed pursuant to Article 14(5)(a) of that Order;

(i) where a court imposes a sentence under Article 15A(4) of the Criminal Justice (Northern Ireland) Order 2008 (sentence with fixed licence period where the offender is aged over 21), two-thirds of the term imposed pursuant to Article 15A(4)(a) of that Order;

(j) where a court imposes a sentence under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008 (sentence with fixed licence period where the offender is aged under 21), two thirds of the term imposed pursuant to Article 15A(5)(a) of that Order;

(k) in any other case where Article 20A of the Criminal Justice (Northern Ireland) Order 2008 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;

(l) in any other case, a period equal to half the custodial sentence imposed.

(5) In determining for the purpose of paragraph (3)(a)(ii) the date on which a person has served the required custodial period no account is to be taken of any time during which the person was unlawfully at large, unless the Department of Justice otherwise directs.

(6) If, in a case falling within paragraph (3)(a)—

(a) the earlier offence was one of two or more associated offences, and

(b) the court imposed two or more custodial sentences (other than suspended sentences) on the person in respect of the offences;

the court must treat the longest of the required custodial periods as the required custodial period for the purposes of paragraph (3)(a)(ii). #

(7) For the purposes of paragraph (6), an offence is associated with another if—

(a) the offender is convicted of both offences in the same proceedings, or is sentenced for both offences at the same time, or

(b) the offender admits the commission of it in the sentencing proceedings for the other offence and requests the court to take it into consideration in the sentence for that offence.

(8) Paragraph (9) 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 prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).

(9) The Department of Justice may by order provide that the proportion specified in paragraph (4)(g)(i) or (h)(i) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

(10) An order under paragraph (9) is subject to negative resolution.

(11) 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).

Appeal against sentence where previous conviction set aside or previous sentences modified

34B.—(1) Paragraph (2) applies where—

(a) a sentence has been imposed on a person in reliance on Article 34A,

(b) a previous conviction of that person has been subsequently set aside on appeal,

(2) Notwithstanding anything in section 16 of the Criminal Appeal (Northern Ireland) Act 1980, notice of appeal against the sentence may be given at any time within 28 days beginning with the date on which the previous conviction was set aside.

(3) Paragraph (4) applies where—

(a) a sentence has been imposed on a person in reliance on Article 34A,

(b) a previous sentence imposed on that person has been subsequently modified on appeal, and

(4) Notwithstanding anything in section 16 of the Criminal Appeal (Northern Ireland) Act 1980, notice of appeal against the sentence mentioned in paragraph (3)(a) may be given at any time within 28 days beginning with the date on which the previous sentence was modified.”.

Disqualification period for certain offences

43.—(1) Article 35 of the Road Traffic Offenders (Northern Ireland) Order 1996 (minimum disqualification on conviction of certain offences) is amended as follows.

(2) After paragraph (4) insert—

“(4ZA) Paragraph (1) applies as if the reference to 12 months were a reference to 4 years, where a person is convicted of an offence under—

(a) Article 9 of the Order of 1995 (causing death, or grievous bodily injury, by dangerous driving), or

(b) Article 14 of that Order (causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs); but this is subject to paragraphs (3) to (3ZB) in cases falling within paragraph (3ZB)(a).”.

(3) In paragraph (4)—

(a) for “paragraph (3)” insert “paragraphs (3) to (3ZB)”

(b) in sub-paragraph (a) omit paragraphs (ii) and (iii).

Disqualification period for certain repeat offences

44. In Article 35 of the Road Traffic Offenders (Northern Ireland) Order 1996 (minimum disqualification on conviction of certain offences), for paragraph (3) substitute— “

(3) Where—

(a) a person has been convicted of an offence (“the earlier offence”) under any of the following provisions of the Order of 1995, that is—

(i) Article 9 (causing death, or grievous bodily injury, by dangerous driving),

(ii) Article 14 (causing death, or grievous bodily injury, by careless driving when under the influence of drink or drugs),

(iii) Article 15(1) (driving or attempting to drive while unfit),

(iv) Article 16(1)(a) (driving or attempting to drive with excess alcohol),

(v) Article 18(7) (failing to provide a specimen), where that is an offence involving obligatory disqualification,

(vi) Article 18A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification; and

(b) the person is convicted of a further such offence (“the new offence”) during the relevant period;

paragraph (1) applies in relation to the person as if the reference to 12 months were a reference to the period specified in paragraph (3ZB); but this is subject to paragraph (4ZA) in cases where the new offence falls within paragraph (3)(a)(i) or (ii) and the earlier offence does not.

(3ZA) In paragraph (3)(b), “relevant period” has the same meaning as in Article 34A.

(3ZB) The period referred to in the closing words of paragraph (3) is—

(a) where the new offence and the earlier offence fall within paragraph (3)(a)(i) or (ii), 6 years;

(b) in any other case, 3 years.”.

Extension of disqualification for driving

45. Schedule 6 contains amendments to the following legislation relating to the extension of disqualification for holding or obtaining a driving licence in certain circumstances—

(a) the Criminal Justice (Northern Ireland) Order 1980;

(b) the Road Traffic Offenders (Northern Ireland) Order 1996;

SCHEDULE 6

ROAD TRAFFIC OFFENCES: EXTENSION OF DISQUALIFICATION FOR DRIVING

Criminal Justice (Northern Ireland) Order 1980

1.—(1) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (as inserted by paragraph 1 of Schedule 16 to the Coroners and Justice Act 2009) is amended as follows.

(2) In paragraph (4)—

(a) in sub-paragraph (a), for “Article 45(2)” (in the second place) substitute “Article 45(2A)”;

(b) in sub-paragraphs (a), (b), (c) and (d) omit “less any relevant discount”;

“(da) where a court imposes a sentence under Article 13A(5) of the Criminal Justice (Northern Ireland) Order 2008 (serious terrorism sentence where the offender is aged over 21), a period equal to the term imposed pursuant to Article 13A(5)(a) of that Order;

(db) where a court imposes a sentence under Article 13A(6) of the Criminal Justice (Northern Ireland) Order 2008 (serious terrorism sentence where the offender is aged under 21), a period equal to the term imposed pursuant to Article 13A(6)(a) of that Order;”;

(d) in sub-paragraph (e), for the words from “, a period equal to” to the end substitute “—

(i) if Article 18 of that Order applies, a period equal to half of the term imposed pursuant to Article 14(3)(a) of that Order;

(ii) if Article 20A of that Order applies but the sentence is not within paragraph (2A) of that Article, a period equal to two-thirds of the term imposed pursuant to Article 14(3)(a) of that Order;

(iii) if Article 20A of that Order applies and the sentence is within paragraph (2A) of that Article, a period equal to the term imposed pursuant to Article 14(3)(a) of that Order;”;

(e) in sub-paragraph (f), for the words from “, a period equal to” to the end substitute “—

(i) if Article 18 of that Order applies, a period equal to half of the term imposed pursuant to Article 14(5)(a) of that Order;

(ii) if Article 20A of that Order applies but the sentence is not within paragraph (2A) of that Article, a period equal to two-thirds of the term imposed pursuant to Article 14(5)(a) of that Order;

(iii) if Article 20A of that Order applies and the sentence is within paragraph (2A) of that Article, a period equal to the term imposed pursuant to Article 14(5)(a) of that Order;”;

(f) after sub-paragraph (f), insert—

“(fa) where a court imposes a sentence under Article 15A(4) of the Criminal Justice (Northern Ireland) Order 2008 (sentence with fixed licence period where the offender is aged over 21), a period equal to two-thirds of the term imposed pursuant to Article 15A(4)(a) of that Order;

(fb) where a court imposes a sentence under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008 (sentence with fixed licence period where the offender is aged under 21), a period equal to two-thirds of the term imposed pursuant to Article 15A(5)(a) of that Order;

(fc) in any other case where Article 20A of the Criminal Justice (Northern Ireland) Order 2008 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;”;

(g) in sub-paragraph (g) omit “calculated after that sentence has been reduced by any relevant discount”.

(3) Omit paragraph (6) (definition of relevant discount).

(4) In paragraph (9)—

(a) for “Secretary of State” substitute “Department of Justice”;

(b) for “(4)(e) and (f)” substitute “(4)(e)(i) and (f)(i).”.

Road Traffic Offenders (Northern Ireland) Order 1996

2.—(1) Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (as inserted by paragraph 4 of Schedule 16 to the Coroners and Justice Act 2009) is amended as follows.

(2) In paragraph (4)—

(a) in sub-paragraph (a), for “Article 45(2)” (in the second place) substitute “Article 45(2A)”;

(b) in sub-paragraphs (a), (b), (c) and (d) omit “less any relevant discount”;

(c) after sub-paragraph (d) insert— “(da) where a court imposes a sentence under Article 13A(5) of the Criminal Justice (Northern Ireland) Order 2008 (serious terrorism sentence where the offender is aged over 21), a period equal to the term imposed pursuant to Article 13A(5)(a) of that Order;