Criminal Justice (Sentencing etc) Bill

PART 8

GENERAL

Further provision

46.—(1) The Department may by regulations make—

(a) such supplementary, incidental or consequential provision;

(b) such transitory, transitional or saving provision,

as it considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(2) Regulations under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).

(3) Regulations under subsection (1) that amend, repeal, revoke or otherwise modify primary legislation may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

(4) Any other regulations under this section are subject to negative resolution.

(5) In subsection (3) “primary legislation” means—

(a) any Northern Ireland legislation;

(b) any Act of Parliament.

 

Interpretation

47.—(1) In this Act, except where the contrary intention appears—

“the Department” means the Department of Justice;

“sentence” in relation to an offence, includes any order made by a court when dealing with the offender in respect of the offence.

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

(2) For the purposes of this Act, 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.

(3) For the purposes of this Act, where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken to have been committed on the first of those days.

(4) Where the age of any person at any time is material for the purposes of any provision of this Act, the age of the person at the material time is deemed to be or to have been whatever age the person appears to the court to be or to have been after considering any available evidence.

 

Minor and consequential amendments

48. Schedule 7 contains minor and consequential amendments.

 

Transitional provisions and savings

49.—(1) The following provisions do not apply where a person is convicted of an offence committed before commencement—

(a) Part 2 (suspended sentences);

(b) Part 3 (life sentences);

(c) sections 33 to 35 (aggravation by hostility);

(d) section 36 (aggravation by reason of vulnerability);

(e) sections 38 and 39 (aggravation where offence committed against public worker);

(f) Part 7 (road traffic offences);

(g) In Schedule 7 (minor and consequential amendments)—

(i) Part 2 (suspended sentences);

(ii) Part 5 (aggravation by hostility);

(iii) Part 7 (road traffic offences).

(2) Accordingly, nothing in the provisions mentioned in subsection (1) affects the operation of any statutory provision in relation to—

(a) the sentencing of an offender for an offence committed before commencement;

(b) a sentence passed by a court in respect of an offence committed before commencement.

(3) Part 4 (unduly lenient sentences) does not apply in relation to a sentence passed by a court before commencement.

(4) Accordingly, nothing in Part 4, or in Part 3 of Schedule 7 (minor and consequential amendments: unduly lenient sentences) affects the operation of any statutory provision in relation to a sentence passed by a court before commencement.

(5) In this section, “commencement” in relation to a provision means the coming into operation of that provision.

 

SCHEDULE 7

MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 GENERAL

Judicature (Northern Ireland) Act 1978 

1. In section 49(2A) of the Judicature (Northern Ireland) Act 1978, for “subsection (1)” substitute “subsection (2)”.

Mental Health (Northern Ireland) Order 1986

2. In Article 44(1A) of the Mental Health (Northern Ireland) Order 1986—

(a) omit “or” at the end of sub-paragraph (b);

(b) at the end of sub-paragraph (c) insert “, or

(d) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;”.

This Act

3. In section 1(5), for paragraph (c) substitute—

“(c) in relation to the making of any of the following under Part 10 of the Mental Capacity Act (Northern Ireland) 2016—

(i) a public protection order (with or without restrictions),

(ii) a hospital direction, or

(iii) an interim detention order.”.

4. In section 20(5), in the definition of “sentence”, in paragraph (b), for sub-paragraph (i) substitute—

“(i) an interim detention order under Part 10 of the Mental Capacity Act (Northern Ireland) 2016;”.

PART 2

SUSPENDED SENTENCE ORDERS

Treatment of Offenders Act (Northern Ireland) 1968

5.—(1) The Treatment of Offenders Act (Northern Ireland) 1968 is amended as follows.

(2) Omit sections 18 to 21 and the italic heading before those sections.

(3) In section 26—

(a) in subsection (2), omit “or order for detention” in both places where it occurs;

(b) in subsection (3), omit “or order for detention”.

(4) In section 33(1), for the definition of “suspended sentence or order for detention” substitute—

““suspended sentence” has the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026;”.

Judicature (Northern Ireland) Act 1978

6. In Schedule 5 to the Judicature (Northern Ireland) Act 1978, in Part 2, in the entries relating to the Treatment of Offenders Act (Northern Ireland) 1968—

(a) in the entry relating to sections 19(4), 20(3), 21(3), 25 and 29(1), omit “19(4), 20(3), 21(3),”;

(b) omit the entries relating to—

(i) section 19(4);

(ii) section 20(1);

(iii) section 20(5);

(iv) section 21(1);

(v) section 21(2).

Criminal Appeal (Northern Ireland) Act 1980

7.—(1) The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

(2) In section 9—

(a) in subsection (2)—

(i) in paragraph (a), for “an order under section 18(1) or (1A) of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentence)” substitute “a suspended sentence order within the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”;

(ii) in paragraph (b), for “the order under the said section 18(1) or (1A)” substitute “the suspended sentence order”;

(b) in subsection (3)—

(i) omit the “or” at the end of paragraph (b);

(ii) at the end of paragraph (c) insert “or

(d) against whom an order is made under paragraph 8(1)(c), (d) or (e) of Schedule 2 to the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026,”;

(c) after subsection (3C) insert—

“(3D) A person may appeal to the Court of Appeal against a decision made by the Crown Court under paragraph 16 of Schedule 2 to the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 not to cancel the requirements of a suspended sentence order.”.

(3) In section 10, in subsection (4)—

(a) for “section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention” substitute “paragraph 8(1) of Schedule 2 to the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 in respect of a suspended sentence or suspended sentence order”;

(b) for “sentence or order for detention” substitute “suspended sentence or suspended sentence order”.

Criminal Justice (Northern Ireland) Order 1980

8. In the Criminal Justice (Northern Ireland) Order 1980, in Article 8A (as inserted by paragraph 1 of Schedule 16 to the Coroners and Justice Act 2009), in paragraph (11), in the definition of suspended sentence, for “means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968” substitute “has the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Magistrates' Courts (Northern Ireland) Order 1981

9. In the Magistrates' Courts (Northern Ireland) Order 1981, in Article 23(3), for “section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 that a suspended sentence or order for detention” substitute “paragraph 8(1) of Schedule 2 to the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 that a suspended sentence”.

Probation Board (Northern Ireland) Order 1982 

10.—(1) The Probation Board (Northern Ireland) Order 1982 is amended as follows.

(2) In Article 2, in paragraph (2), at the appropriate place insert—

““suspended sentence order” has the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026;”.

(3) In Article 4, in paragraph (1)(b), after “community service orders” insert “or suspended sentence orders”.

(4) In Article 5, in paragraph (2)(b), after “community service orders” insert “or suspended sentence orders”.

Road Traffic Offenders (Northern Ireland) Order 1996

11. In the Road Traffic Offenders (Northern Ireland) Order 1996, in Article 2(2), in the definition of “suspended sentence”, for “means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968” substitute “has the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Criminal Justice (Northern Ireland) Order 1996

12. In the Criminal Justice (Northern Ireland) Order 1996, omit Article 23.

Treatment of Offenders (Northern Ireland) Order 1989

13. In the Treatment of Offenders (Northern Ireland) Order 1989, omit Articles 8 and 9.

Social Security Fraud Act (Northern Ireland) 2001

14. In the Social Security Fraud Act (Northern Ireland) 2001, in section 5B, in subsection (14)(b)(ii) for “section 33(1) of the Treatment of Offenders Act (Northern Ireland) 1968” substitute “section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Justice (Northern Ireland) Act 2002

15.—(1) The Justice (Northern Ireland) Act 2002 is amended as follows.

(2) In section 10, in subsection (3)(d), for “section 21(3) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))” substitute “paragraph 14(6) of Schedule 2 to the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

(3) In Schedule 4, omit paragraph 15.

Proceeds of Crime Act 2002

16. In the Proceeds of Crime Act 2002, in section 187, in subsection (4)(a) for “sentence of imprisonment or order for detention suspended under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968” substitute “suspended sentence within the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

17.—(1) The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 is amended as follows.

(2) In Article 25, in paragraph (2), for “or order” (in the second place) substitute “within the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

(3) In Article 34, in paragraph (2), for “section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 (c.29)” substitute “paragraph 8(1) of Schedule 2 to the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Criminal Justice (Northern Ireland) Order 2008

18.—(1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) In Article 3, in paragraph (1), at the appropriate place insert—

““suspended sentence order” has the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026;”.

(3) In Article 13A, in paragraph (12), for “an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences)” substitute “a suspended sentence order”.

(4) In Article 14, in paragraph (11), for “an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences)” substitute “a suspended sentence order”.

(5) In Article 15A, in paragraph (9), for “an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences)” substitute “a suspended sentence order”.

(6) In Article 35, in paragraph (1)(c) after head (ii) insert—

“(iii) a suspended sentence order.”.

(7) In Article 91A (as inserted by paragraph 6 of Schedule 16 to the Coroners and Justice Act 2009), in paragraph (10), in the definition of “suspended sentence”, for “means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968” substitute “has the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Justice Act (Northern Ireland) 2011 

19. In the Justice Act (Northern Ireland) 2011, in section 1(6), for “sentence which is suspended under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)” substitute “a suspended sentence (within the meaning given by section 4 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026)”.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

20. In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in section 7, in each of subsections (3)(b), (4) and (5), for “section 18 of the Treatment of Offenders Act (Northern Ireland) 1968” substitute “section 3 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Justice Act (Northern Ireland) 2015

21. In Schedule 1 to the Justice Act (Northern Ireland) 2015, omit paragraph 61 and the italic heading before it.

PART 3

UNDULY LENIENT SENTENCES

CHAPTER 1

PRIMARY LEGISLATION

Criminal Appeal (Northern Ireland) Act 1980

22. In section 44 of the Criminal Appeal (Northern Ireland) Act 1980 for “section 36 of the Criminal Justice Act 1988” substitute “section 21 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Criminal Justice Act 1988

23. In the Criminal Justice Act 1988—

(a) omit Part 4;

(b) in section 172(3) (provisions extending to Northern Ireland) omit the reference to Part 4.

Criminal Evidence (Northern Ireland) Order 1999

24. In Article 27E of the Criminal Evidence (Northern Ireland) Order 1999—

(a) in paragraph (1)(c), for “section 36 of the Criminal Justice Act 1988” substitute “section 21 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”;

(b) in paragraph (7)(c), for “section 36 of the Criminal Justice Act 1988” substitute “section 21 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

Justice Act (Northern Ireland) 2011

25. In section 18(2)(d) of the Justice Act (Northern Ireland) 2011 for “section 36 of the Criminal Justice Act 1988 (c. 33)” substitute “section 21 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

CHAPTER 2

SECONDARY LEGISLATION

26. The following are revoked—

(a) the Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 1996;

(b) the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006;

(c) the Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2011;

(d) the Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2013;

(e) the Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2016;

(f) the Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2019.

PART 4

FAILURE TO DISCLOSE INFORMATION ABOUT VICTIM’S REMAINS: DUTY TO CONSIDER

Criminal Justice (Children) (Northern Ireland) Order 1998

27. In Article 46 of the Criminal Justice (Children) (Northern Ireland) Order 1998, after paragraph (3) insert—

“(3A) Section 31 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (duty to consider failure to disclose information about victim’s remains) contains provision relating to the Commissioners’ function of giving directions under paragraph (2).”.

Life Sentences (Northern Ireland) Order 2001

28. In Article 6 of the Life Sentences (Northern Ireland) Order 2001, after paragraph (4) insert—

“(4A) Section 31 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (duty to consider failure to disclose victim’s remains) contains provision relating to the Commissioners’ function of giving directions under paragraph (3).”.

Criminal Justice (Northern Ireland) Order 2008

29- (1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) In Article 18, after paragraph (4) insert—

“(4A) Section 31 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (duty to consider failure to disclose victim’s remains) contains provision relating to the Commissioners’ function of giving directions under paragraph (3).”.

(3) In Article 20A, after paragraph (4) insert—

“(4A) Section 31 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (duty to consider failure to disclose victim’s remains) contains provision relating to the Commissioners’ function of giving directions under paragraph (3).”.

PART 5

AGGRAVATION BY HOSTILITY

Police Act 1997

30. In section 113A of the Police Act 1997, in subsection (6D)—

(a) omit the “and” at the end of paragraph (rrr);

(b) after paragraph (sss) insert “and (ttt) an offence stated by a court to be aggravated by hostility under section 33 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026.”.

Criminal Justice (No. 2) (Northern Ireland) Order 2004

31. In the Criminal Justice (No. 2) (Northern Ireland) Order 2004, omit Article 2.

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

32.—(1) Section 26 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 is amended as follows.

(2) In subsection (10), in the definition of “religious group”, for “Article 2(5) of the Criminal Justice (No. 2) (Northern Ireland) Order 2004 (NI 15)” substitute “section 33(4) of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”.

(3) In subsection (11)—

(a) for “Article 2(5) of the Criminal Justice (No. 2) (Northern Ireland) Order 2004 (NI 15)” substitute “section 33(4) of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026”;

(b) for “Article 2(3) of that Order” substitute “section 33(2) of that Act”.

Justice Act (Northern Ireland) 2015

33. In section 55(4)(b) of the Justice Act (Northern Ireland) 2015, for the words from “treated the offence” to the end substitute “stated on conviction that the offence was aggravated by hostility (within the meaning given by section 33 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026).”.

PART 6

ASSAULTS ON PUBLIC WORKERS

CHAPTER 1 REPEAL OF ASSAULT OFFENCES AGAINST PUBLIC WORKERS

Criminal Justice and Public Order Act 1994

34. In section 123 of the Criminal Justice and Public Order Act 1994, omit subsection (1).

Police (Northern Ireland) Act 1998

35.—(1) Section 66 of the Police (Northern Ireland) Act 1998 is amended as follows.

(2) In each of subsections (1) and (1A), omit “assaults,”.

(3) In the heading, for “Assaults on, and obstruction of,” substitute “Obstruction of”.

Fire and Rescue Services (Northern Ireland) Order 2006

36.—(1) Article 57 of the Fire and Rescue Services (Northern Ireland) Order 2006 is amended as follows.

(2) In each of paragraphs (1) and (2), omit “assaults,”.

(3) In the heading, for “Assaults on, and obstruction of,” substitute “Obstruction of”.

CHAPTER 2

CONSEQUENTIAL AMENDMENTS

Local Government Act (Northern Ireland) 1972

37. In the Local Government Act (Northern Ireland) 1972, in section 93, in subsection (3), omit “assault on, and”.

Sexual Offences Act 2003

38.—(1) Schedule 5 to the Sexual Offences Act 2003 is amended as follows.

(2) In paragraph 167, omit “assaulting or”.

(3) After paragraph 171J, insert—

“171K—(1) An offence under section 37 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (assaults on public workers etc) where the victim was—

(a) a constable,

(b) a designated person,

(c) a person assisting a person falling within paragraph (a) or (b), or

(d) a person who is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland.

(2) In sub-paragraph (1)—

“designated person” means a person designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003;

“international joint investigation team” has the meaning given by section 66(6) of the Police (Northern Ireland) Act 1998.”.

Firearms (Northern Ireland) Order 2004

39.—(1) Schedule 4 to the Firearms (Northern Ireland) Order 2004 is amended as follows.

(2) In paragraph 8, omit “assault on, and”.

(3) After paragraph 9, insert—

“9A—(1) An offence under section 37 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (assaults on public workers etc) so far as it relates to an assault on—

(a) a constable,

(b) a designated person,

(c) a person assisting a person falling within paragraph (a) or (b),

(d) a prisoner custody officer acting in pursuance of prisoner escort arrangements, or

(e) a person who is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland.

(2) In sub-paragraph (1)—

“designated person” means a person designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003;

“international joint investigation team” has the meaning given by section 66(6) of the Police (Northern Ireland) Act 1998;

“prisoner custody officer” and “prisoner escort arrangements” have the meanings given by section 125 of the Criminal Justice and Public Order Act 1994.”.

(4) In paragraph 10, for “9” substitute “9A”.

Criminal Justice (Northern Ireland) Order 2008

40.—(1) Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) In paragraph 27, omit “assaulting or”.

(3) After paragraph 31C, insert—

“Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026

31D.—(1) An offence under section 37 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (assaults on public workers etc) where the victim is—

(a) a constable,

(b) a designated person,

(c) a person assisting a person falling within paragraph (a) or (b), or

(d) a person who is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland.

(2) In sub-paragraph (1)—

“designated person” means a person designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003;

“international joint investigation team” has the meaning given by section 66(6) of the Police (Northern Ireland) Act 1998.”.

PART 7

ROAD TRAFFIC OFFENCES

Criminal Justice (Northern Ireland) Order 1980

41. In the Criminal Justice (Northern Ireland) Order 1980, in Article 11, in each of paragraphs (1), (2) and (3), for “Secretary of State” substitute “Department of Justice”.

Road Traffic (Northern Ireland) Order 1995

42.—(1) Article 12B of the Road Traffic (Northern Ireland) Order 1995 is amended as follows.

(2) Omit the “or” at the end of sub-paragraph (b).

(3) Omit sub-paragraph (c).

(4) In the heading, omit “, disqualified”.

Road Traffic Offenders (Northern Ireland) Order 1996

43.—(1) The Road Traffic Offenders (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 2(2), at the appropriate place, insert—

““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;”.

(3) In Article 35—

(a) in paragraph (1ZB) (as inserted by section 12(2) of the Road Traffic (Amendment) Act (Northern Ireland) 2016 (“the 2016 Act”)) for “Article 14(1)(b) of the Order of 1995 (causing death, or grievous bodily injury, by careless driving when exceeding the prescribed limit) or Article 16(1)(a) of that Order” substitute “Article 16(1)(a) of the Order of 1995 (driving a motor vehicle with alcohol concentration above prescribed limit)”;

(b) in paragraph (1ZC) (as inserted by section 12(2) of the 2016 Act) omit “14(1)(b) or ”;

(c) in paragraph (3A) (as inserted by section 13(2) of the 2016 Act)—

(i) for “sub-paragraphs (a) to (e)” substitute “sub-paragraph (a)(i) to (vi)”;

(ii) for “10 years immediately preceding the commission of the current offence” substitute “10 year period referred to in paragraph (3)(b)”.

(4) In Article 36 (as substituted by Article 11(1) of the Road Traffic (Northern Ireland) Order 2007), in paragraph (4A) (as inserted by section 14(2) of the Road Traffic (Amendment) Act (Northern Ireland) 2016) after “Article 35” insert “(disregarding any extension period added pursuant to Article 40A)”.

(5) In Part 1 of Schedule 1, in the entry relating to Article 12B of the Road Traffic (Northern Ireland) Order 1995, in column 2 omit “, disqualified”.

Crime (International Co-operation) Act 2003

44.—(1) In Schedule 3A to the Crime (International Co-operation) Act 2003, paragraph 4 is amended as follows.

(2) In paragraph (e), omit “, disqualified”.

(3) After that paragraph, insert—

“(ea) Article 12C (causing death or grievous bodily injury by driving: disqualified drivers),”.