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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    34

 

       “113A  Application of section 113

           (1)           Section 113 applies to conduct done—

                  (a)                 in the United Kingdom; or

                  (b)                 outside the United Kingdom which satisfies the following two

conditions.

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           (2)           The first condition is that the conduct is done for the purpose of

advancing a political, religious or ideological cause.

           (3)           The second condition is that the conduct is—

                  (a)                 by a United Kingdom national or a United Kingdom resident;

                  (b)                 by any person done to, or in relation to, a United Kingdom

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national, a United Kingdom resident or a protected person; or

                  (c)                 by any person done in circumstances which fall within section

63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000.

           (4)           The following expressions have the same meaning as they have for the

purposes of sections 63C and 63D of that Act—

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                  (a)                 “United Kingdom national”;

                  (b)                 “United Kingdom resident”;

                  (c)                 “protected person”.

           (5)           For the purposes of this section it is immaterial whether a person knows

that another is a United Kingdom national, a United Kingdom resident

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or a protected person.

       113B  Consent to prosecution for offence under section 113

           (1)           Proceedings for an offence committed under section 113 outside the

United Kingdom are not to be started—

                  (a)                 in England and Wales, except by or with the consent of the

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Attorney General;

                  (b)                 in Northern Ireland, except by or with the consent of the

Advocate General for Northern Ireland.

           (2)           Proceedings for an offence committed under section 113 outside the

United Kingdom may be taken, and the offence may for incidental

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purposes be treated as having been committed, in any part of the

United Kingdom.

           (3)           In relation to any time before the coming into force of section 27(1) of

the Justice (Northern Ireland) Act 2002, the reference in subsection

(1)(b) to the Advocate General for Northern Ireland is to be read as a

35

reference to the Attorney General for Northern Ireland.”

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    35

 

Part 3

Road traffic

Chapter 1

Convention on driving disqualifications

Road traffic offences in UK

5

 55    Application of section 56

     (1)    Section 56 applies where—

           (a)           an individual (“the offender”) who is normally resident in a member

State other than the United Kingdom is convicted of an offence

mentioned in Schedule 3,

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           (b)           no appeal is outstanding in relation to the offence, and

           (c)           the driving disqualification condition is met in relation to the offence.

     (2)    The driving disqualification condition is met—

           (a)           in relation to an offence mentioned in Part 1 of Schedule 3, if an order

of disqualification is made in respect of the offence,

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           (b)           in relation to an offence mentioned in Part 2 of that Schedule, if an order

of disqualification for a period not less than the minimum period is

made in respect of the offence.

     (3)    The minimum period is—

           (a)           a period of six months, or

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           (b)           where the State in which the offender normally resides is a prescribed

State, a shorter period equal to the period prescribed in relation to the

State.

     (4)    Section 56 does not apply in prescribed circumstances.

     (5)    For the purposes of this section no appeal is outstanding in relation to an

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offence if—

           (a)           no appeal is brought against an offender’s conviction of the offence, or

any order made on his conviction, within the time allowed for making

such appeals, or

           (b)           such an appeal is brought and the proceedings on appeal are finally

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concluded.

 56    Duty to give notice to foreign authorities of driving disqualification of a non-

UK resident

     (1)    Where this section applies, the appropriate Minister must give the central

authority of the State in which the offender is normally resident a notice under

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this section.

     (2)    A notice under this section must—

           (a)           give the name, address and date of birth of the offender,

           (b)           give particulars of the offence,

           (c)           state that no appeal is outstanding in relation to it,

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           (d)           give particulars of the disqualification,

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    36

 

           (e)           state whether or not the offender took part in the proceedings in which

the disqualification was imposed,

           (f)           state that the offender has been informed that any decision made for the

purposes of the convention on driving disqualifications will have no

effect on the disqualification.

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     (3)    A notice under this section may contain such other information as the

appropriate Minister considers appropriate.

     (4)    A notice under this section must be accompanied by the original or a certified

copy of the order of disqualification.

     (5)    Where the offender did not take part in the proceedings mentioned in

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subsection (2)(e), a notice under this section must also be accompanied by

evidence that the offender was duly notified of those proceedings.

     (6)    Where the offender is the holder of a Community licence, a notice under this

section must also be accompanied by the licence unless it has been returned to

the driver—

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           (a)           under section 91A(7)(b)(ii) of the Road Traffic Offenders Act 1988

(c. 53), or

           (b)           under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern

Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

     (7)    Where the period of disqualification is reduced by virtue of section 34A of that

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Act or Article 36 of that Order, the appropriate Minister must give the central

authority particulars of the reduction.

     (8)    Where the disqualification is removed by an order under section 42 of that Act

or Article 47 of that Order, the appropriate Minister must give the central

authority particulars of the removal.

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     (9)    The appropriate Minister must provide—

           (a)           the central authority, or

           (b)           the competent authority of the State mentioned in subsection (1),

            with any further information which it requires for the purposes of the

convention on driving disqualifications.

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Disqualification in respect of road traffic offences outside UK

 57    Application of section 58

     (1)    Section 58 applies where—

           (a)           an individual (“the offender”) who is normally resident in the United

Kingdom is convicted in another member State of an offence falling

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within subsection (5),

           (b)           no appeal is outstanding in relation to the offence,

           (c)           the driving disqualification condition is met in relation to the offence,

and

           (d)           the offender was duly notified of the proceedings (“the relevant

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proceedings”) in which the disqualification was imposed and was

entitled to take part in them.

     (2)    The driving disqualification condition is met—

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    37

 

           (a)           in relation to an offence falling within subsection (5)(a), if, as a result of

the offence, the offender is disqualified in the State in which the

conviction is made,

           (b)           in relation to an offence falling within subsection (5)(b), if, as a result of

the offence, the offender is disqualified in that State for a period not less

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than the minimum period.

     (3)    For the purposes of this section an offender is disqualified in a State if he is

disqualified in that State for holding or obtaining a licence to drive a motor

vehicle granted under the law of that State (however the disqualification is

described under that law).

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     (4)    The minimum period is—

           (a)           a period of six months, or

           (b)           where the State in which the conviction is made is a prescribed State, a

shorter period equal to the period prescribed in relation to that State.

     (5)    An offence falls within this subsection if it is constituted by—

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           (a)           conduct falling within any of paragraphs 1 to 5 of the Annex to the

convention on driving disqualifications, or

           (b)           other conduct which constitutes a road traffic offence for the purposes

of that convention.

     (6)    Section 58 does not apply if the relevant proceedings were brought later than

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the time at which summary proceedings for any corresponding offence under

the law of the part of the United Kingdom in which the offender is normally

resident could have been brought.

     (7)    An offence is a corresponding offence if—

           (a)           the conduct constituting the offence outside the United Kingdom took

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place in any part of the United Kingdom, and

           (b)           that conduct is, or corresponds to, conduct which would constitute an

offence under the law of that part.

     (8)    The appropriate Minister may make regulations treating offences under the

law of a part of the United Kingdom as corresponding to offences under the

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law of a member State other than the United Kingdom.

     (9)    For the purposes of this section no appeal is outstanding in relation to an

offence if—

           (a)           no appeal is brought against an offender’s conviction of the offence, or

any decision made as a result of his conviction, within the time allowed

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for making such appeals, or

           (b)           such an appeal is brought and the proceedings on appeal are finally

concluded.

 58    Recognition in United Kingdom of foreign driving disqualification

     (1)    Where this section applies, the appropriate Minister—

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           (a)           must give the offender a notice under this section if the unexpired

period of the foreign disqualification is not less than one month, and

           (b)           may give him a notice under this section if that period is less than one

month.

     (2)    The unexpired period of the foreign disqualification is—

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           (a)           the period of the foreign disqualification, less

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    38

 

           (b)           any period of that disqualification which is treated by regulations made

by the appropriate Minister as having been served in the State in which

the offender was convicted.

     (3)    The provision which may be made by regulations under subsection (2)(b)

includes provision for treating any period during which a central authority or

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competent authority of a State has seized a licence without returning it as a

period which has been served in that State.

     (4)    If the appropriate Minister gives the offender a notice under this section, the

offender is disqualified in each part of the United Kingdom—

           (a)           for the relevant period, and

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           (b)           if the foreign disqualification is also effective until a condition is

satisfied, until the condition or a corresponding prescribed condition is

satisfied.

     (5)    The relevant period is the period which—

           (a)           begins at the end of the period of 21 days beginning with the day on

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which the notice is given, and

           (b)           is equal to the unexpired period of the foreign disqualification.

     (6)    But if the foreign disqualification is at any time removed otherwise than in

prescribed circumstances, the offender ceases to be disqualified in each part of

the United Kingdom from that time.

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     (7)    The appropriate Minister may make regulations substituting a longer period

for the period for the time being mentioned in subsection (5)(a).

     (8)    Where the foreign disqualification is for life—

           (a)           the condition in subsection (1)(a) is to be treated as satisfied, and

           (b)           the other references in this section and section 59 to the unexpired

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period of the foreign disqualification are to be read as references to a

disqualification for life.

 59    Notice under section 58

     (1)    A notice under section 58 must—

           (a)           give particulars of the offence in respect of which the foreign

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disqualification was imposed and the period of that disqualification,

           (b)           state that the offender is disqualified in each part of the United

Kingdom for a period equal to the unexpired period of the foreign

disqualification,

           (c)           state the date from which, and period for which, he is disqualified,

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           (d)           give particulars of any relevant condition mentioned in section 58(4)(b),

and

           (e)           give details of his right to appeal under section 60.

     (2)    A notice under section 58 must be in writing.

     (3)    A notice under section 58 may contain such other information as the

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appropriate Minister considers appropriate.

 

 

 
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Revised 21 November 2002