Criminal Law Legislation Update
| Date | 01 February 2008 |
| DOI | 10.1350/jcla.2008.72.1.467 |
| Author | Laura McGowan |
| Published date | 01 February 2008 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Mental Health Act 2007 (Commencement No. 3) Order 2007
(SI 2007 No. 2798) brings into force s. 42 of the Mental Health Act 2007
on 1 October 2007. This increases the penalty under s. 127 of the Mental
Health Act 1983 for the offence of ill-treatment or wilful neglect of
patients, from two to five years’ imprisonment.
The Road Safety Act 2006 (Commencement No. 2) Order 2007
(SI 2007 No. 2472) brought into force on 24 September 2007 a number
of provisions of the Road Safety Act 2006. The Explanatory Note ex-
plains the changes. Section 14 amends s. 45(7) of the Road Traffic
Offenders Act 1988 (RTOA), effect of endorsement: period for which it
is effective, so as to add to that section an offence under s. 7A(6) of the
Road Traffic Act 1988 (RTA), failing to allow a specimen to be subjected
to a laboratory test. This means that where a person is found guilty of an
offence under s. 7A(6) of RTA, the endorsement will remain effective for
a period of 11 years from the conviction.
Section 23 amends Part 1 of Sched. 2 to RTOA, prosecution and
punishment of offences: offences under the Traffic Acts, so as to increase
the maximum fine for an offence under s. 3 of the RTA, careless, and
inconsiderate, driving, from level 4 on the standard scale to level 5.
Section 24 amends Part 1 of Sched. 2 to RTOA so as to increase the
punishment for an offence under s. 15(4) of RTA, driving a motor
vehicle in contravention of requirements relating to seat belts where
children in rear seat, from level 1 on the standard scale to level 2.
Section 25 amends Part 1 of Sched. 2 to RTOA to provide for obligat-
ory disqualification of a person convicted of using a vehicle in a danger-
ous condition contrary to s. 40A of RTA if the offence is committed
within three years of a previous conviction for the same offence. The
section also amends s. 34 of RTOA so as to provide that, with regard to
any such offence committed in those circumstances, obligatory dis-
qualification will be for not less than six months.
Section 27 amends column (4) of Part 1 of Sched. 2 to RTOA to
increase the penalty available for an offence under s. 163 of RTA, failure
to stop a mechanically propelled vehicle when required to do so, from a
fine of level 3 on the standard scale to level 5. The section also amends
column (2) of that Schedule to replace the word ‘motor’ with ‘mechani-
cally propelled’.
* As at 31 October 2007.
†Of King’s Inns (Dublin) and Gray’s Inn (London); e-mail: laurajmcgowan@gmail.com.
4(2008) 72 JCL 4–7 The Journal of Criminal Law
doi:1350/jcla.2008.72.1.467
To continue reading
Request your trial