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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Interim disqualification

28.—(1) Where a court—

(a)defers passing sentence on an offender under Article 11 of the [1989 NI 15.] Treatment of Offenders (Northern Ireland) Order 1989 in respect of an offence involving obligatory or discretionary disqualification, or

(b)adjourns after convicting an offender of such an offence but before dealing with him for the offence,

it may order the offender to be disqualified until he has been dealt with in respect of the offence.

(2) An order under paragraph (1) shall cease to have effect at the end of the period of 6 months beginning with the day on which it is made, if it has not ceased to have effect before that time.

(3) Where a court orders a person to be disqualified under paragraph (1) (“the first order”), no court shall make a further order under that paragraph in respect of the same offence or any offence in respect of which an order could have been made under that paragraph at the time the first order was made.

(4) Where a court makes an order under paragraph (1) in respect of any person it must—

(a)require him to produce to the court any licence held by him and its counterpart, and

(b)retain the licence and counterpart until it deals with him.

(5) If the holder of the licence has not caused it and its counterpart to be delivered, or has not posted them, in accordance with Article 1 I and does not produce the licence and counterpart as required under paragraph (4), then he is guilty of an offence.

(6) Paragraph (5) does not apply to a person who—

(a)satisfies the court that he has applied for a new licence and has not received it, or

(b)surrenders to the court a current receipt for his licence and its counterpart issued under Article 62, and produces the licence and counterpart to the court immediately on their return.

(7) Where a court makes an order under paragraph (1) in respect of any person, Articles 49(1) and 52(2) of this Order and Article 19E(3) of the Order of 1981 (Northern Ireland drivers' licences) shall not apply in relation to the order, but—

(a)the court must send notice of the order to the Department, and

(b)if the court which deals with the offender determines not to order him to be disqualified under Article 35 or 40, it must send notice of the determination to the Department.

(8) A notice sent by a court to the Department in pursuance of paragraph (7) must be sent in such manner and to such address and contain such particulars as the Department may determine.

(9) Where on any occasion a court deals with an offender—

(a)for an offence in respect of which an order was made under paragraph (1), or

(b)for 2 or more offences in respect of any of which such an order was made,

any period of disqualification which is on that occasion imposed under Article 35 or 40 shall be treated as reduced by any period during which he was disqualified by reason only of an order made under paragraph (1) in respect of any of those offences.

(10) Any reference in this Order or in any other statutory provision (including any provision made after this Order) to the length of a period of disqualification shall, unless the context otherwise requires, be construed as a reference to its length before any reduction under this Article.

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