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Crime (International Co-operation) Act 2003

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Prospective

Chapter 1E+W+S+N.I.Convention on driving disqualifications

Road traffic offences in UKE+W+S+N.I.

54Application of section 55E+W+S+N.I.

(1)Section 55 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,

(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,

(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

(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 55 does not apply in prescribed circumstances.

(5)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 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 concluded.

55Duty to give notice to foreign authorities of driving disqualification of a non-UK residentE+W+S+N.I.

(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 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,

(d)give particulars of the disqualification,

(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.

(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 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—

(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 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.

(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.

Disqualification in respect of road traffic offences outside UKE+W+S+N.I.

56Application of section 57E+W+S+N.I.

(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,

(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.

(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 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 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.

(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.

(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—

(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 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 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.

57Recognition in United Kingdom of foreign driving disqualificationE+W+S+N.I.

(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.

(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.

(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 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.

(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 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—

(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.

58Notice under section 57E+W+S+N.I.

(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 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.

(3)A notice under section 57 may contain such other information as the appropriate Minister considers appropriate.

AppealsE+W+S+N.I.

59Appeal against disqualificationE+W+S+N.I.

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

(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 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.

(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—

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

(b)contain such particulars,

as the appropriate Minister may determine.

60Power of appellate courts in England and Wales to suspend disqualificationE+W+S+N.I.

(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, 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 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.

(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,

as the Secretary of State may determine.

61Power of appellate courts in Scotland to suspend disqualificationE+W+S+N.I.

(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.

(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.

(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,

as the Secretary of State may determine.

62Power of appellate courts in Northern Ireland to suspend disqualificationE+W+S+N.I.

(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.

(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 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 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

(b)contain such particulars,

as the Department may determine.

Production of licenceE+W+S+N.I.

63Production of licence: Great BritainE+W+S+N.I.

(1)A person who—

(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.

(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 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 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 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.

(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 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.

64Production of licence: Northern IrelandE+W+S+N.I.

(1)A person who—

(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 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

(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)).

(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.

(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 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.

65Production of licence: Community licence holdersE+W+S+N.I.

(1)This section applies where—

(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—

(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 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 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—

(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 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

(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.

DisqualificationE+W+S+N.I.

66Effect of disqualification by virtue of section 57E+W+S+N.I.

Where the holder of a Great Britain licence or Northern Ireland licence is disqualified by virtue of section 57, the licence is to be treated as revoked with effect from the beginning of the period of disqualification.

67Rule for determining end of period of disqualificationE+W+S+N.I.

In determining the expiration of the period for which a person is disqualified by virtue of section 57, any time during which—

(a)the disqualification is suspended, or

(b)he is not disqualified,

is to be disregarded.

EndorsementE+W+S+N.I.

68Endorsement of licence: Great BritainE+W+S+N.I.

(1)This section applies where a person who is normally resident in Great Britain is disqualified by virtue of section 57.

(2)The Secretary of State must secure that particulars of the disqualification are endorsed on the counterpart of any Great Britain licence or of any Northern Ireland licence or Community licence which the person—

(a)may then hold, or

(b)may subsequently obtain,

until he becomes entitled under subsection (4) or (5) to have a Great Britain licence and its counterpart, or a counterpart of his Northern Ireland licence or Community licence, issued to him free from those particulars.

(3)On the issue to the person of—

(a)a new Great Britain licence, or

(b)a new counterpart of a Northern Ireland licence or Community licence,

those particulars must be entered on the counterpart of the new licence or the new counterpart unless he has become so entitled.

(4)The person is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new Great Britain licence with a counterpart free from the endorsement if he—

(a)applies for a new licence under section 97(1) of the Road Traffic Act 1988 (c. 52),

(b)surrenders any subsisting licence and its counterpart,

(c)pays the fee prescribed by regulations under Part 3 of that Act, and

(d)satisfies the other requirements of section 97(1).

(5)The person is entitled to have issued to him with effect from the end of that period a new counterpart of any Northern Ireland licence or Community licence then held by him free from the endorsement if he makes an application to the Secretary of State for that purpose in such manner as the Secretary of State may determine.

(6)The endorsement remains effective until four years have elapsed since he was convicted of the offence in relation to which he is disqualified by virtue of section 57.

(7)Where the person ceases to be disqualified by virtue of section 57(6), the Secretary of State must secure that the relevant particulars are endorsed on the counterpart of the Great Britain licence or of any Northern Ireland licence or Community licence previously held by him.

69Endorsement of licence: Northern IrelandE+W+S+N.I.

(1)This section applies where a person who is normally resident in Northern Ireland is disqualified by virtue of section 57.

(2)The Department must secure that particulars of the disqualification are endorsed on the counterpart of any Northern Ireland licence or the counterpart of any Great Britain licence or Community licence which the person—

(a)may then hold, or

(b)may subsequently obtain,

until he becomes entitled under subsection (4) or (5) to have a Northern Ireland licence and its counterpart, or a counterpart of his Great Britain licence or Community licence, issued to him free from those particulars.

(3)On the issue to the person of—

(a)a new Northern Ireland licence, or

(b)a new counterpart of a Great Britain licence or Community licence,

those particulars must be entered on the counterpart of the new licence or the new counterpart unless he has become so entitled.

(4)The person is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new Northern Ireland licence with a counterpart free from the endorsement if he—

(a)applies for a new licence under Article 13(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

(b)surrenders any subsisting licence and its counterpart,

(c)pays the fee prescribed by regulations under Part 2 of that Order, and

(d)satisfies the other requirements of Article 13(1).

(5)The person is entitled to have issued to him with effect from the end of that period a new counterpart of any Great Britain licence or Community licence then held by him free from the endorsement if he makes an application to the Department for that purpose in such manner as it may determine.

(6)The endorsement remains effective until four years have elapsed since he was convicted of the offence in relation to which he is disqualified by virtue of section 57.

(7)Where the person ceases to be disqualified by virtue of section 57(6), the Department must secure that the relevant particulars are endorsed on the counterpart of the Northern Ireland licence or the counterpart of any Great Britain licence or Community licence previously held by him.

GeneralE+W+S+N.I.

70Duty of appropriate Minister to inform competent authorityE+W+S+N.I.

(1)This section applies where a competent authority of any State gives the appropriate Minister a notice under the convention on driving disqualifications in respect of any person.

(2)If the appropriate Minister gives a notice under section 57 to that person, he must give the competent authority particulars of the disqualification which arises by virtue of that section.

(3)If the appropriate Minister does not give such a notice, he must give his reasons to the competent authority.

71NoticesE+W+S+N.I.

(1)A notice authorised or required under this Chapter to be given by the appropriate Minister to an individual, or a Community licence required to be returned to its holder by section 65, may be given or returned to him by—

(a)delivering it to him,

(b)leaving it at his proper address, or

(c)sending it to him by post.

(2)For the purposes of—

(a)subsection (1), and

(b)section 7 of the Interpretation Act 1978 (c. 30) in its application to that subsection,

the proper address of any individual is his latest address as known to the appropriate Minister.

72Regulations: Great BritainE+W+S+N.I.

(1)Any power to make regulations conferred by this Chapter on the Secretary of State is exercisable by statutory instrument.

(2)A statutory instrument containing any such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)The regulations may make different provision for different purposes.

73Regulations: Northern IrelandE+W+S+N.I.

(1)Any power to make regulations conferred by this Chapter on the Department is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)).

(2)Any such regulations are subject to negative resolution (within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(3)The regulations may make different provision for different purposes.

74InterpretationE+W+S+N.I.

(1)In this Chapter—

  • appropriate Minister” means—

    (a)

    in relation to Great Britain, the Secretary of State,

    (b)

    in relation to Northern Ireland, the Department,

  • central authority”, in relation to a State, means an authority designated by the State as a central authority for the purposes of the convention on driving disqualifications,

  • Community licence”—

    (a)

    in relation to Great Britain, has the same meaning as in Part 3 of the Road Traffic Act 1988 (c. 52),

    (b)

    in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

  • competent authority”, in relation to a State, means an authority which is a competent authority in relation to the State for the purposes of the convention on driving disqualifications,

  • the convention on driving disqualifications” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications signed on 17th June 1998,

  • counterpart”—

    (a)

    in relation to Great Britain, has the same meaning as in Part 3 of the Road Traffic Act 1988 (c. 52),

    (b)

    in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

  • the Department” means the Department of the Environment,

  • disqualified”, except in section 56, means—

    (a)

    in relation to Great Britain, disqualified for holding or obtaining a Great Britain licence,

    (b)

    in relation to Northern Ireland, disqualified for holding or obtaining a Northern Ireland licence,

    and “disqualification” is to be interpreted accordingly,

  • foreign disqualification” means the disqualification mentioned in section 56,

  • Great Britain licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988,

  • motor vehicle”—

    (a)

    in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988,

    (b)

    in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994 (N.I.18)),

  • Northern Ireland licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981,

  • prescribed” means prescribed by regulations made by the appropriate Minister.

(2)In this Chapter a disqualification, or foreign disqualification, for life is to be treated as being for a period of not less than six months.

75Application to CrownE+W+S+N.I.

This Chapter applies to vehicles and persons in the public service of the Crown.

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