Criminal Justice (Northern Ireland) Order 1980

Driving disqualification where vehicle used for purposes of crime N.I.

8.—(1) This Article applies where a person is convicted of an offence punishable on indictment with imprisonment for a term of two years or more.

[F1 (1A) This Article also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).]

(2) If in a case to which this Article applies[F1 by virtue of paragraph (1)] a court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence or a provisional licence granted under [F2 Part II of the Road Traffic (Northern Ireland) Order 1981 [1981 NI 1] ] so, however, that [F3 Article 49(1) of the Road Traffic Offenders (Northern Ireland) Order 1996] shall not have effect so as to require particulars of the conviction and disqualification to be endorsed on any such licence held by that person.

[F1 (2A) If in a case to which this Article applies by virtue of paragraph (1A) the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such a licence.]

(3) A court which makes an order under this Article disqualifying a person for holding or obtaining any such licence as is mentioned in paragraph (2) shall require him to produce to the court any such licence held by him within five days or such longer time as the court may determine; and—

(a) if the licence is not produced within such time, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F4 level 3 on the standard scale];

(b) if he applies under[F3 Article 47 of the Road Traffic Offenders (Northern Ireland) Order 1996] for the disqualification to be removed and the court so orders, [F2 [F3 paragraph (6)] of that Article] shall not have effect so as to require particulars of the order to be endorsed on the licence, but the court shall send notice of the order to the Department of the Environment.

[F1 (4) Facilitating the commission of an offence shall be taken for the purposes of this Article to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection, and references in this Article to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of young offenders.]

[F3 (5) Paragraphs (3B), (4) and (4AA) of Article 180 of the Road Traffic (Northern Ireland) Order 1981 shall apply for the purposes of paragraph (3) in the same manner as they apply for the purposes of Article 29 of the Road Traffic Offenders (Northern Ireland) Order 1996.]

F1 1994 NI 15

F2 1981 NI 1

F3 1996 NI 10

F4 1984 NI 3

Modifications etc. (not altering text)

C1 Art. 8(1A) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 6 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)