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Crime (International Co-operation) Bill [HL]


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

    37

 

     (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.

     (9)    The appropriate Minister must provide—

           (a)           the central authority, or

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           (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.

Disqualification in respect of road traffic offences outside UK

 56    Application of section 57

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     (1)    Section 57 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

within subsection (5),

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

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

and

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

proceedings”) in which the disqualification was imposed and was

entitled to take part in them.

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     (2)    The driving disqualification condition is met—

           (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

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

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

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described under that law).

     (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.

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

           (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.

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     (6)    Section 57 does not apply if the relevant proceedings were brought later than

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—

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

    38

 

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

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

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

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

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

for making such appeals, or

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

concluded.

 57    Recognition in United Kingdom of foreign driving disqualification

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

           (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.

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

           (a)           the period of the foreign disqualification, less

           (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.

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     (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

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

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offender is disqualified in each part of the United Kingdom—

           (a)           for the relevant period, and

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

satisfied, until the condition or a corresponding prescribed condition is

satisfied.

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     (5)    The relevant period is the period which—

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

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

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

the United Kingdom from that time.

     (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—

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

    39

 

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

           (b)           the other references in this section and section 58 to the unexpired

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

disqualification for life.

 58    Notice under section 57

5

     (1)    A notice under section 57 must—

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

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

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disqualification,

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

           (d)           give particulars of any relevant condition mentioned in section 57(4)(b),

           (e)           give details of his right to appeal under section 59.

     (2)    A notice under section 57 must be in writing.

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     (3)    A notice under section 57 may contain such other information as the

appropriate Minister considers appropriate.

Appeals

 59    Appeal against disqualification

     (1)    A person who is disqualified by virtue of section 57 may, after giving notice to

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the appropriate Minister of his intention to do so, appeal to the appropriate

court against the disqualification.

     (2)    The appropriate court is—

           (a)           in relation to England and Wales, a magistrates’ court acting for the

petty sessions area in which the applicant resides,

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           (b)           in relation to Scotland, the sheriff within whose jurisdiction the

applicant resides,

           (c)           in relation to Northern Ireland, a court of summary jurisdiction acting

for the petty sessions district in which the applicant resides.

     (3)    The appeal must be made before the end of the period of 21 days beginning

30

with the day on which the notice under section 57 is given to the applicant.

     (4)    But the appropriate Minister may make regulations substituting a longer

period for the period for the time being mentioned in subsection (3).

     (5)    If the appropriate court is satisfied that section 57 does not apply to the

applicant’s case, it must allow the appeal.

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     (6)    Otherwise it must dismiss the appeal.

     (7)    Where on an appeal against the disqualification the appeal is allowed, the court

by which the appeal is allowed must send notice of that fact to the appropriate

Minister.

     (8)    The notice must—

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           (a)           be sent in such manner and to such address, and

 

 

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

    40

 

           (b)           contain such particulars,

            as the appropriate Minister may determine.

 60    Power of appellate courts in England and Wales to suspend disqualification

     (1)    This section applies where a person is disqualified by virtue of section 57.

     (2)    Where the person appeals to a magistrates’ court against the disqualification,

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the court may, if it thinks fit, suspend the disqualification.

     (3)    Where the person makes an application in respect of the decision of the court

under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (statement of case),

the High Court may, if it thinks fit, suspend the disqualification.

     (4)    Where the person has appealed, or applied for leave to appeal, to the House of

10

Lords under section 1 of the Administration of Justice Act 1960 (c. 65) from any

decision of the High Court which is material to the disqualification, the High

Court may, if it thinks fit, suspend the disqualification.

     (5)    Any power of a court under this section to suspend the disqualification is a

power to do so on such terms as the court thinks fit.

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     (6)    Where, by virtue of this section, a court suspends the disqualification, it must

send notice of the suspension to the Secretary of State.

     (7)    The notice must—

           (a)           be sent in such manner and to such address, and

           (b)           contain such particulars,

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            as the Secretary of State may determine.

 61    Power of appellate courts in Scotland to suspend disqualification

     (1)    This section applies where a person is disqualified by virtue of section 57.

     (2)    Where the person appeals to the sheriff against the disqualification, the sheriff

may, if he thinks fit, suspend the disqualification on such terms as he thinks fit.

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     (3)    Where the person appeals to the High Court of Justiciary from any decision of

the sheriff, the court may, if it thinks fit, suspend the disqualification on such

terms as it thinks fit.

            The power conferred by this subsection may be exercised by a single judge of

the court.

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     (4)    Where, by virtue of this section, a court suspends the disqualification, it must

send notice of the suspension to the Secretary of State.

     (5)    The notice must—

           (a)           be sent in such manner and to such address, and

           (b)           contain such particulars,

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            as the Secretary of State may determine.

 62    Power of appellate courts in Northern Ireland to suspend disqualification

     (1)    This section applies where a person is disqualified by virtue of section 57.

     (2)    Where the person appeals to a court of summary jurisdiction against the

disqualification, the court may, if it thinks fit, suspend the disqualification.

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

    41

 

     (3)    Where the person makes an application in respect of the decision of the court

under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/ 1675 (N.I. 26)) (statement of case), the Court of Appeal may, if it thinks

fit, suspend the disqualification.

     (4)    Where the person has appealed, or applied for leave to appeal, to the House of

5

Lords under section 41 of the Judicature (Northern Ireland) Act 1978 (c. 23)

from any decision of the Court of Appeal which is material to the

disqualification, the Court of Appeal may, if it thinks fit, suspend the

disqualification.

     (5)    Any power of a court under this section to suspend the disqualification is a

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power to do so on such terms as the court thinks fit.

     (6)    Where, by virtue of this section, a court suspends the disqualification, it must

send notice of the suspension to the Department.

     (7)    The notice must—

           (a)           be sent in such manner and to such address, and

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           (b)           contain such particulars,

            as the Department may determine.

Production of licence

 63    Production of licence: Great Britain

     (1)    A person who—

20

           (a)           is given a notice under section 57 by the Secretary of State, and

           (b)           is the holder of a licence,

            must deliver his licence and its counterpart to the Secretary of State before the

end of the period of 21 days beginning with the day on which the notice is

given.

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     (2)    The Secretary of State may make regulations substituting a longer period for

the period for the time being mentioned in subsection (1).

     (3)    If—

           (a)           a person delivers a current receipt for his licence and its counterpart to

the Secretary of State within the period for the time being mentioned in

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subsection (1), and

           (b)           on the return of his licence and its counterpart immediately delivers

them to the Secretary of State,

            the duty under subsection (1) is to be taken as satisfied.

             “Receipt” means a receipt issued under section 56 of the Road Traffic

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Offenders Act 1988 (c. 53).

     (4)    Subsection (1) does not apply if the competent authority of the relevant State—

           (a)           has the licence and its counterpart, or

           (b)           has delivered them to the Secretary of State.

     (5)    The relevant State is the State in which the offence in relation to which the

40

notice was given was committed.

     (6)    If the holder of a licence does not deliver his licence and its counterpart to the

Secretary of State as required by subsection (1), he is guilty of an offence.

 

 

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

    42

 

     (7)    A person is not guilty of an offence under subsection (6) if he satisfies the court

that he has applied for a new licence and has not received it.

            In relation to the holder of a Northern Ireland licence or Community licence, a

new licence includes the counterpart of such a licence.

     (8)    A person guilty of an offence under subsection (6) is liable on summary

5

conviction to a fine not exceeding level 3 on the standard scale.

     (9)    “Licence” means a Great Britain licence, a Northern Ireland licence or a

Community licence.

 64    Production of licence: Northern Ireland

     (1)    A person who—

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           (a)           is given a notice under section 57 by the Department, and

           (b)           is the holder of a licence,

            must deliver his licence and its counterpart to the Department before the end

of the period of 21 days beginning with the day on which the notice is given.

     (2)    The Department may make regulations substituting a longer period for the

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period for the time being mentioned in subsection (1).

     (3)    If—

           (a)           a person delivers a current receipt for his licence and its counterpart to

the Department within the period for the time being mentioned in

subsection (1), and

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           (b)           on the return of his licence and its counterpart immediately delivers

them to the Department,

            the duty under subsection (1) is to be taken as satisfied.

             “Receipt” means a receipt issued under Article 62 of the Road Traffic

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

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     (4)    Subsection (1) does not apply if the competent authority of the relevant State—

           (a)           has the licence and its counterpart, or

           (b)           has delivered them to the Department.

     (5)    The relevant State is the State in which the offence in relation to which the

notice was given was committed.

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     (6)    If the holder of a licence does not deliver his licence and its counterpart to the

Department as required by subsection (1), he is guilty of an offence.

     (7)    A person is not guilty of an offence under subsection (6) if he satisfies the court

that he has applied for a new licence and has not received it.

            In relation to the holder of a Great Britain licence or Community licence, a new

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licence includes the counterpart of such a licence.

     (8)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

     (9)    “Licence” means a Northern Ireland licence, a Great Britain licence or a

Community licence.

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 65    Production of licence: Community licence holders

     (1)    This section applies where—

 

 

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

    43

 

           (a)           the holder of a Community licence is disqualified by virtue of section

57, and

           (b)           the licence is sent to the Secretary of State or the Department under

section 63 or 64.

     (2)    The Secretary of State or (as the case may be) the Department must send—

5

           (a)           the holder’s name and address, and

           (b)           particulars of the disqualification,

            to the licensing authority in the EEA State in respect of which the licence was

issued.

     (3)    But subsection (2) does not apply if the EEA State is the same as the State in

10

which the offence in relation to which the holder is disqualified was

committed.

     (4)    The Secretary of State or (as the case may be) the Department must return the

licence to the holder—

           (a)           on the expiry of the relevant period of the disqualification (within the

15

meaning of section 57), or

           (b)           if earlier, on being satisfied that the holder has left Great Britain or (as

the case may be) Northern Ireland and is no longer normally resident

there.

     (5)    But subsection (4) does not apply at any time where—

20

           (a)           the Secretary of State or the Department would otherwise be under a

duty under paragraph (a) of that subsection to return the licence, and

           (b)           the holder would not at that time be authorised by virtue of section

99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road

Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in

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Great Britain or Northern Ireland a motor vehicle of any class.

     (6)    In that case the Secretary of State or (as the case may be) the Department

must—

           (a)           send the licence to the licensing authority in the EEA State in respect of

which it was issued, and

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           (b)           explain to that authority the reasons for so doing.

     (7)    “EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988.

Disqualification

 66    Effect of disqualification by virtue of section 57

Where the holder of a Great Britain licence or Northern Ireland licence is

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disqualified by virtue of section 57, the licence is to be treated as revoked with

effect from the beginning of the period of disqualification.

 67    Rule for determining end of period of disqualification

In determining the expiration of the period for which a person is disqualified

by virtue of section 57, any time during which—

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           (a)           the disqualification is suspended, or

           (b)           he is not disqualified,

            is to be disregarded.

 

 

 
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