Crime (International Co-operation) Act 2003

[F1 Road traffic offences in Republic of Ireland] U.K.

Textual Amendments

F1 Words in s. 56 cross-heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 4 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

56 Application of section 57 U.K.

(1) Section 57 applies where—

[F2 (a) an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,

(aa) when convicted, the offender—

(i) is normally resident in the United Kingdom, or

(ii) is not normally resident in the United Kingdom but holds a Great Britain licence or a Northern Ireland licence,]

(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.

[F3 (2) The driving disqualification condition is met—

(a) in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence;

(b) in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.]

(3) For the purposes of this section an offender is disqualified in [F4 the Republic of Ireland] if he is disqualified [F5 there] for holding or obtaining a licence to drive a motor vehicle granted under [F6 the law of the Republic of Ireland] (however the disqualification is described under that law).

[F7 (4) The minimum period is—

(a) for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;

(b) for any other offence, a period of six months.]

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F9 the relevant part of the United Kingdom] could have been brought.

[F10 (6A) In subsection (6), “the relevant part of the United Kingdom” means—

(a) where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;

(b) where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.]

F11 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The appropriate Minister may make regulations [F12 about when] offences under the law of a part of the United Kingdom [F13 are to be treated for the purposes of this section] as corresponding to offences under the law of [F14 the Republic of Ireland].

(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.

[F15 (10) The Secretary of State may by regulations amend Schedule 3B.]

Textual Amendments

F2 S. 56(1)(a)(aa) substituted for s. 56(1)(a) (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(4), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F3 S. 56(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F4 Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F5 Word in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F6 Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F7 S. 56(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F8 S. 56(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F9 Words in s. 56(6) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(6) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F10 S. 56(6A) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F11 S. 56(7) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(8) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F12 Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F13 Words in s. 56(8) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F14 Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F15 S. 56(10) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(10) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I1 S. 56 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

57 Recognition in United Kingdom of [F16 Republic of Ireland] driving disqualification U.K.

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

(a) must give the offender a notice under this section if the unexpired period of [F17 the Republic of Ireland disqualification] is not less than [F18 three months], and

(b) may give him a notice under this section if that period is less than [F18 three months].

(2) The unexpired period of [F19 the Republic of Ireland disqualification] is—

(a) the period of [F19 the Republic of Ireland disqualification], less

(b) any period of that disqualification which is treated by regulations made by the appropriate Minister as having been served in [F20 the Republic of Ireland] .

(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 [F21 the Republic of Ireland] has seized a licence without returning it as a period which has been served [F22 there].

(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 [F23 the Republic of Ireland 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 [F24 the Republic of Ireland disqualification].

(6) But if [F25 the Republic of Ireland 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 [F26 the Republic of Ireland 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 [F26 the Republic of Ireland disqualification] are to be read as references to a disqualification for life.

Textual Amendments

F16 Words in s. 57 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(2) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F17 Words in s. 57(1)(a) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F18 Words in s. 57(1)(a)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(4) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3; S.I. 2017/189, art. 3

F19 Words in s. 57(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F20 Words in s. 57(2)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(5) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F21 Words in s. 57(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(6)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F22 Word in s. 57(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(6)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F23 Words in s. 57(4)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(c) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F24 Words in s. 57(5)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(d) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F25 Words in s. 57(6) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(e) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F26 Words in s. 57(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(f) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

Commencement Information

I2 S. 57 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

58 Notice under section 57 U.K.

(1) A notice under section 57 must—

(a) give particulars of the offence in respect of which [F27 the Republic of Ireland 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 [F27 the Republic of Ireland 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.

Textual Amendments

F27 Words in s. 58(1)(a)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 7 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I3 S. 58 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)